United States v. Apfelbaum

In United States v. Apfelbaum, 445 U.S. 115, 127 [1980], the defendant testified before a grand jury after receiving use immunity pursuant to 18 USC 6002, which provides that a witness who refuses to testify on the basis of his or her Fifth Amendment privilege may be compelled to give testimony in a proceeding, "but no testimony or other information compelled under the order (or any information directly or indirectly derived from such testimony or other information) may be used against the witness in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order." When the defendant was, in fact, charged with committing perjury before the grand jury, he claimed that the Fifth Amendment precluded the prosecution from using at the trial the truthful portions of his immunized grand jury testimony in establishing that other portions were intentionally false. In rejecting that claim, the Court followed Glickstein v. United States, 222 US 139, 141 [1911] and other cases holding that the Fifth Amendment does not protect a witness against compulsory self-incrimination relating to future conduct, and reasoned that "at the time [the witness] was granted immunity, the privilege would not have protected him against false testimony that he later might decide to give." (445 US at 130.)