Judge Keenan wrote that he was skeptical of [Gerald] Koch’s assertion that he knew nothing. He also disagreed with Mr. Koch’s belief that he had been singled out because of his views, writing, "There is simply no evidence that the government, threatened by Koch’s subversive prowess, seeks to bring him before a grand jury on a pretext, either to gain access to the treasure trove that is his circle of friends or to send an ominous message to political dissidents."
But the only relevant issue in deciding whether Mr. Koch should be released, Judge Keenan also wrote, hinged on whether continued incarceration could persuade him to testify....
"[C]ontinued confinement will not move Koch from the reflexive ideology that forbids his cooperation with the serious investigation at hand."
February 4, 2014
The law of contempt — when "the refusal to testify is somehow transmogrified from a lock to a key."
Why the judge released the anarchist who would not testify.
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I doubt that continued incarceration would persuade Charles Manson to stop trying to incite race wars by killing famous white actresses who hang out with famous pedophile directors either. Maybe we should just empty the jails and turn them into community centers.
After realizing the Koch in question is not the millionaire (billionaire?) conservative wackos, I don't care.
That Judge has contempt for Contempt of Court.
He can still be charged with criminal contempt and sentenced to a prison term for refusal to testify. This is what happened to Susan McDougal in whitewater probe. It's up to the prosecution what to do now.
This is black letter law. The court can throw a witness in jail to coerce him/her to testify, but if it becomes clear that the witness cannot be coerced into testifying, then he/she must be released -- but can of course be tried and sentenced for the refusal.
Should have let him serve the grand jury's term- how can the judge know to a absolute certainty the guy wouldn't change his mind. Then after the term if he hasn't testified well then they can charge him with criminal contempt.
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