Deschler's Precedents, Volume 3, Chapters 10 - 14 - § 15. Service of Grand Jury Subpena

[Deschler's Precedents, Volume 3, Chapters 10 - 14]
[Chapter 11. Questions of Privilege]
[C. Basis of Questions of Privilege of the House]
[§ 15. Service of Grand Jury Subpena]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 1625-1626]
 
                               CHAPTER 11
 
                         Questions of Privilege
 
            C. BASIS OF QUESTIONS OF PRIVILEGE OF THE HOUSE
 
Sec. 15. Service of Grand Jury Subpena

Federal Grand Jury Subpena

Sec. 15.1 The receipt by a Member of a subpena to appear before a 
    federal grand jury gives rise to a question of the privilege of the 
    House.

    On July 15, 1963,⁽¹⁾ the Chair recognized Mr. Edmond 
Edmondson, of Oklahoma, on a question of the privilege of the House:
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 1. 109 Cong. Rec. 12488, 88th Cong. 1st Sess. For additional examples 
        see 95 Cong. Rec. 5544, 5545, 81st Cong. 1st Sess., May 3, 
        1949; and 88 Cong. Rec. 1267, 77th Cong. 2d Sess., Feb. 16, 
        1942.
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        Mr. Edmondson: Mr. Speaker, I rise to a question of the 
    privilege of the House.
        The Speaker: ⁽²⁾ The gentleman will state it.
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 2. John W. McCormack (Mass.).
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        Mr. Edmondson: Mr. Speaker, I have received a summons to appear 
    before the grand jury of the U.S. District Court for the District 
    of Columbia on Tuesday, July 16, 1963, at 9 o'clock a.m., to 
    testify in the case of the United States against Jessie Lee Bell.
        Under the precedents of the House, I am unable to comply with 
    this summons without the consent of the House, the privileges of 
    the House being involved. I, therefore, submit the matter for the 
    consideration of this body.

        Mr. Speaker, I send to the desk the summons.
        The Speaker: The Clerk will report the summons.

    At the conclusion of the Clerk's report, a resolution 
^(3~) offered by Mr. Carl Albert, of Oklahoma, authorizing 
the Member to appear in response to the summons, was agreed to.
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 3. H. Res. 436.
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State Grand Jury Subpoena

Sec. 15.2 A subpoena to a Member requiring his appearance before a 
    state grand jury gives rise to a question of the privilege of the 
    House.

[[Page 1626]]

    On May 9, 1962,⁽⁴⁾ Mr. Frank W. Boykin, of Alabama, 
rising to a question of the privilege of the House, informed the House 
that he had been subpoenaed to appear before the grand jury of the 
Circuit Court for Montgomery County, Maryland. The subpoena was sent to 
the desk whereupon, the Speaker ⁽⁵⁾ instructed the Clerk to 
read it to the House. At the conclusion of the Clerk's reading, the 
House agreed to a privileged resolution ⁽⁶⁾ offered by Mr. 
Carl Albert, of Oklahoma, authorizing the Member to appear in response 
to the subpoena.
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 4. 108 Cong. Rec. 8006, 87th Cong. 2d Sess. For further illustrations 
        see 108 Cong. Rec. 7945, 87th Cong. 2d Sess., May 8, 1962; 108 
        Cong. Rec. 7816, 7817, 87th Cong. 2d Sess., May 7, 1962; and 
        105 Cong. Rec. 1623, 86th Cong. 1st Sess., Feb. 2, 1959.
 5. John W. McCormack (Mass.).
 6. H. Res. 630.
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