Can a witness be compelled to testify in a contempt hearing to support the advice of counsel defense?

There are further reasons why permitting the defense would not eviscerate immunity and compulsion orders. Few attorneys will advise their clients to disobey a court order simply in order to afford them an advice of counsel defense. The attorney-client privilege is waived when a client testifies about the advice he received, and the attorney could then be compelled to take the stand himself, either at the contempt hearing, or at some other proceeding. Moreover, the giving of such advice would subject the attorney to the possibility of contempt charges or sanctions. See Maness v. Meyers, 419 U.S. 449, 460, 95 S.Ct. 584, 592, 42 L.Ed.2d 574 (1975); In re Watts, 190 U.S. 1, 29, 23 S.Ct. 718, 725, 47 L.Ed. 933 (1903). Finally, the result proposed here places in the court that grants immunity to a witness the power to foreclose an advice of counsel defense. As long as the court instructs a witness that a refusal to testify will be contumacious, that witness may not invoke the advice of counsel defense against a charge of willfully disobeying a court order.