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UNITED STATES v. BALSYS

No. 97-873.

524 U.S. 666 (1998)

118 S.Ct. 2218

141 L.Ed.2d 575

UNITED STATES v. BALSYS

Supreme Court of United States.

Decided June 25, 1998.

Attorney(s) appearing for the Case

Deputy Solicitor General Dreeben argued the cause for the United States. With him on the briefs were Solicitor General Waxman, Acting Assistant Attorney General Keeney, Barbara McDowell, and Joseph C. Wyderko.

Ivars Berzins argued the cause and filed a brief for respondent.*

Souter, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, O'Connor, and Kennedy, JJ., joined, and in which Scalia and Thomas, JJ., joined as to Parts I, II, and III. Stevens, J., filed a concurring opinion, p. 700. Ginsburg, J., filed a dissenting opinion, p. 701. Breyer, J., filed a dissenting opinion, in which Ginsburg, J., joined, p. 702.

Justice Souter delivered the opinion of the Court.†

By administrative subpoena, the Office of Special Investigations of the Criminal Division of the United States Department of Justice (OSI) sought testimony from the respondent, Aloyzas Balsys, about his wartime activities between 1940 and 1944 and his immigration to the United States in 1961. Balsys declined to answer such questions, claiming the Fifth Amendment privilege against...

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