71-2081_1 | 9th Cir. | Aug 6, 1971
Lead Opinion
The order adjudging Olsen guilty of civil contempt is affirmed.
This court’s stay of the district court’s order is terminated effective at noon, Pacific time, August 10, 1971.
Concurrence Opinion
(concurring and dissenting):
I concur in the result reached by a majority of the panel under the compulsion of In re Bacon (9th Cir. 1971) 446 F.2d 667" date_filed="1971-06-24" court="9th Cir." case_name="In the Matter of Leslie Bacon, a Witness Before the Grand Jury v. United States">446 F.2d 667; cf. United States v. Gelbard and United States v. Pamas (9th Cir. 1971) 443 F.2d 837" date_filed="1971-06-23" court="9th Cir." case_name="United States v. David Gelbard, United States of America v. Sidney Parnas">443 F.2d 837. Were the question open in this Circuit, I would hold that 18 U.S.C. § 2515 precluded a finding of contempt for reasons stated in the opinions of Judges Adams and Rosenn in In re Joques Egan (3d Cir. 1971) (en banc) [No. 71-1088, May 28, 1971] and in the opinions of Judges Bazelon and Wright in In re Evans and In re Fishlowitz (D.C. Cir. 1971) [Nos. 71-1499 & 71-1521, July 23, 1971].
I would enlarge the appellant on bail pending the filing of his petition for cer-tiorari.