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- Chambers of : Ldwarh Aller Wann, Puited States Chrestt Fudge — AP vey, oe _ - _ . Mr. DeLgach \ ° , a : ‘ ‘ ee a, Tg. . States Court of Ay is WW myn REE 7 Bistitet of Columbia Girenit 5 ta : Me aie Mashingtor, D.C. 2000. Mr. Conrad. Mr. Fels. Mr. Gale _ Mr. Rosen Mr. Sullivan Mr. Tavel_.._.__. -. March 20, 1970 j mr. Soyara__ that. Tele. Room__.. od. Edgar Hoover, Director — has oe ee 4q oe - Federal Bureau of Investigation’: a aos Department of Justice a Washington, D. C. My dear Edgar: In the course of our discussion yesterday re- \ lating to the security of federal court houses, we had occasion to comment on tha use of contempt power by a trial judge and I mentioned to you an opinion of Mr. Justice Frankfurter in which you expressed an interest. The case in which Justice Frankfurter wrote for the court in this area is entitled Offutt v. United States and the opinion appears at page 11 of volume 348 of the United States Reports. The significant requirement of the opinion ig that in reversing Judge Holtzoff's conviction of Offutt for contempt of court committed in the court's presence, the Supreme Court ruled that "the determination of petitioner's guilt and the punishment to be properly meted out on a finding of guilt should have been made in the first instance by a judge not involved, as was this trial judge, in the petitioner's misconduct.” P If the contempt convictions in Chicago and Washington of trial counsel are to be affirmed by the Supreme Court, that court will have to apparently overrule the Offutt case. You will, I am sure, have someone review the Offutt case opinion and furnish you with the full details. Other aspects of the Offutt case appear in the following volumes of the second series of the Federal Reporter:. 208 F.2d 842; 210 F.2d 693; .2d 69 and 247 F.2d 88.° 0 2 O F.2d 693; 232 F.2 9 and 47 2 8 62 -B9S9S-- FERG wr | Sdncerelyy ashe eee ® Cis