Aloyzas Balsys was subpoenaed by the Justice Department's Office of Special Investigations (OSI) to testify about his wartime activities between 1940 and 1944 and his subsequent immigration to the United States. Fearing prosecution by a foreign nation, Balsys refused the subpoena by claiming his Fifth Amendment privilege against self-incrimination. On appeal from an appellate court's reversal of a district court ruling granting OSI's subpoena enforcement petition, the Supreme Court granted the United States certiorari.
Is fear of foreign prosecution sufficient grounds to justify the invocation of the Firth Amendment privilege against self-incrimination?
No. In a 7-to-2 decision, the Court held that although resident aliens are entitled to the same Fifth Amendment protections as citizen "persons" the risk of their deportation is not sufficient to sustain a self-incrimination privilege intended to apply only to the United States government. The Court explained that since the Fifth Amendment does not bind foreign governments, and that would not be subject to domestic enforcement of immunity-for-testimony deals, one could not assert a self-incrimination protection against possible prosecution at their hands.
Decisions
Decision: 7 votes for United States, 2 vote(s) against Legal provision: Self-Incrimination
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Full Opinion by Justice David H. Souter
