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Today in Supreme Court History: September 17

Mikutaitis v. United States, 478 U.S. 1306 (decided September 17, 1986): Stevens grants stay of contempt order of witness who refused to testify in denaturalization proceeding against Nazi collaborator despite being given immunity; witness had also collaborated but had also aided Lithuanians trying to break away from the Soviet Union (our ally at the time), and argued that sealing of testimony would not protect him because he himself was in danger of being deported to the Soviet Union where he would be convicted of treason and executed; Stevens notes that whether sealing is adequate to protect witness is an open question that is subject to another pending cert application (though cert in both cases was denied the next month) (did Stevens really think there was no danger the Soviets would execute this guy if they didn’t have a transcript of his testimony? all they would need was Stevens’s own published discussion here of the facts) (unknown what happened to Mikutaitis)

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