What is the legal test for a motion for mandamus against a witness who refused to testify before the grand jury?

MultiRegion, United States of America

The following excerpt is from Molus v. U.S., 182 F.3d 668 (9th Cir. 1999):

1. The government suggests that we deny the petition for mandamus because appellants have an adequate remedy by way of appeal after they have been held in contempt for refusing to testify before the grand jury. Although that is the proper way to seek review when a witness refuses to testify or to produce documents on grounds of privilege, see United States v. Ryan, 402 U.S. 530, 532 (1971), we aren't convinced it would work in this context because denial of counsel of choice may not be a valid justification for refusing to testify before the grand jury.

1. The government suggests that we deny the petition for mandamus because appellants have an adequate remedy by way of appeal after they have been held in contempt for refusing to testify before the grand jury. Although that is the proper way to seek review when a witness refuses to testify or to produce documents on grounds of privilege, see United States v. Ryan, 402 U.S. 530, 532 (1971), we aren't convinced it would work in this context because denial of counsel of choice may not be a valid justification for refusing to testify before the grand jury.

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