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eo 9 120 Nos. 77-1698, 77-1210 & 77-1370 Upon this Haas responded, “Judge, we can’t cover up the cover-up.” Haas continued that that was part of their complaint, that they covered up. The judge immediately eld him in contenipt of court. All of the above was in the presence of the jury. After the jury retired Haas continued: All right, Judge. I think all the people who have spoken the truth have always ended up in contempt, and the cover-up goes on and on and on. It appears obvious to me, as it must have to the jury, that Haas in his first statement about a cover-up was not referring to something which had happened back in the early 1970’s but was referring to the court participating in a further cover-up. His meaning was made clear by his subsequent statement that the cover- up goes on and on and on. A charge in the presence of the jury that the presiding judge is participating in a “cover-up” is particularly damaging during the course of trial. On the one hand the jury may come to the conclusion that the judge thinks there is no merit in the answer which counsel js attempting to elicit and therefore he is curtailing the pursuit.-On the other hand; - the jury may think just the opposite, i.e., that the trial judge is improperly covering up for the defense, in which case the judge’s necessary authority in further trial matters such as instructions is diminished. In either event a fair trial is hampered. A charge that the trial judge engaged in a cover-up made in the presence of the jury is clearly an affront to the court and disruptive to the administration of justice and the order of contempt as to Haas should be affirmed. See United States v. Wilson, supra; United States v. Sacher, supra. The case as to Taylor is closer although possibly with some significance it was Haas who was examining the witness but it was Taylor who engaged in the conduct charged as_ being contemptuous. Tne case is closer because it simply should not have occurred in the first place. This all began because defense counsel objected to a question which included the word “raid” and said that