UNITED STATES V. COX
342 F.2d 167 (5th Cir. 1965)
NATURE OF THE CASE: A United States attorney and the Attorney General of the United
States (D) sought review of an order entered by the United States District Court which held
them in civil contempt after D, on instructions from appellant Attorney General, refused to
draft or sign an indictment after the district court, Cox (P) ordered him to do so.
FACTS: A grand jury wished to indict two Negroes, Goff and Kendrick, for perjury relating
to a case involving federal civil voting rights. They testified that the registrar had
refused to register them to vote. The registrar contradicted this testimony. Hauberg (D),
the United States Attorney refused to prepare the necessary indictments. The Justice
Department had investigated the charges and found no basis for a perjury prosecution. A
district judge, Cox (P), ordered D to sign the indictments. D refused because the Attorney
General instructed D ignore the order. Cox (P) found D guilty of contempt and ordered a show
cause hearing. Ds appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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