People v. Cowans

In People v. Cowans (1980) 111 Cal.App.3d 121, defendant, a member of the Black Guerrilla family, was charged and convicted following a jury trial of two counts of murder, two counts of assault with intent to commit murder and two counts of robbery. On appeal defendant Cowans, amongst other contentions, asserted that the trial court erred relative to the FBI's claim of privilege and refusal to answer regarding their contacts and relationships with other law enforcement agencies relating to the case. The Court in rejecting this argument and affirming the judgment of conviction pointed out that the law is well settled that a trial court does not have jurisdiction to order a federal agent to testify beyond the scope allowed him by the United States Attorney General since such an order of the Attorney General of the United States is valid and has the force of federal law. ( People v. Parham (1963) 60 Cal.2d 378, 381.) The Court further pointed out that the law is equally well settled that a trial court of this state cannot impose sanctions on a federal agent for asserting the privilege since the privilege would be absolute and not conditional. ( Saulter v. Municipal Court (1977) 75 Cal.App.3d 231, 245.)