the legislative privilege would prevent federal or state law enforcement agencies from interfering with the legislative investigative process by compelling Committee Members or staff to reveal the preliminary phases or the product of their immunity discussions with a potential witness. Second, the Fifth Amendment privilege against selfincrimination would bar any prosecutorial use of information obtained in immunity discussions with the government where the government ultimately fails to grant immunity to the potential witness. The Fifth Amendment commands that no person "shall be compelled in any criminal case to be a witness against himself." To satisfy this mandate, a confession to a government agent must be voluntary, Garrity v. New Jersey, 385 U.S. 493 (1967); it cannot be obtained by any direct or implied promises, however slight, Bram v. United States, 168 U.S. 532 (1897). Where a law enforcement agent extracts a statement from a potential witness by promising the witness immunity, and the government fails to provide that immunity, the statement is deemed to be involuntary and may not be used against the person from whom it was so elicited. Smith v. United States 348 U.S. 147 (1954); United States v. Shotwell Mfg. Co., 371 U.S. 341 (1963). Similarly, when a statement would not have been given to a Congressional committee but for the committee's promise to furnish immunity, and that immunity is not forthcoming, the federal government would be estopped from then using the statement to prosecute the person from whom it was extracted. See Santobello v. New York, 404 U.S. 257 (1971) (prosecutor makes promise to defendant as part of plea bargain; prosecutor's successor reneges on bargain on ground that promise had been made by government agent other than himself; successor estopped from ignoring promise made by other government agent). The same rule would apply to use of the statement in a criminal prosecution by state authorities, since to permit the states to accomplish precisely what the federal government is estopped from doing would render an individual's Fifth Amendment protection nugutory. See Malloy v. Hogan, 378 U.S. 1 (1964) and Murphy v. Waterfront Commission, 378 U.S. 52 (1964). Both the Speech and Debate Clause and the Fifth Amendment itself assure, therefore, that, as a matter of law, no statement obtained in the preliminary immunity negotiations outlined in the attached letter could be used in a criminal proceeding against the party who provided the statement in the event that the Committee does not grant the potential witness use immunity. AGREEMENT BETWEEN IMMUNIZED WITNESS AND THE SELECT COMMITTEE ON ASSASSINATIONS Promises of Select Committee on Assassinations I. A. Immunity I understand that I am to receive a grant of immunity obtained for me by the Select Committee on Assassinations under 18 U.S.c. §§ 6002 and 6005, which provide that any statements I make in my testimony before the Select Committee cannot be used against me, either directly or indirectly, in any criminal prosecution, except a prosecution for perjury, giving a false statement or otherwise failing to comply with the court's immunity order. I also understand, however, that any statements I make subsequent to my testimony before the Select Committee, whether in public or in any other proceeding, may still be used against me in a criminal proceeding. Petition for Coverage Under Federal Witness Protection Program B. I further understand that, upon my written application containing an adequate showing that my willingness to testify would place my life or person, or the life or person of a member of my family, in jeopardy, the Select Committee will make a formal request to the Attorney General that protective measures be taken in my behalf under the Federal Witness Protection Program, Title V of the Organized Crime 42-733 - 79-14 In consideration for the Select Committee's promises to take these steps in my behalf, I agree to testify truthfully before the Select Committee, or its appropriate subcommittee. I hereby warrant that the substance of my testimony before the Select Committee, or its appropriate subcommittee, will not vary in any material detail from the attached, signed statement of facts that I have provided for the Select Committee. I further agree, for the duration of the existence of the Select Committee, not to disclose without the prior written authorization from the Select Committee, or its appropriate subcommittee, any matters occurring during my appearance before the Select Committee, or its subcommittee. This agreement not to disclose shall not preclude me from subsequently discussing subject matter raised in my testimony before the Select Committee but shall apply only to my revealing what questions I was asked and what answers I gave to the Select Committee during the course of my testimony before it. C. Disclosure to Protect Legal Rights My promise of non-disclosure, however, shall not extend to communications made to an attorney representing me in conjunction with my appearance before this Committee, or to any persons employed by that attorney to work on issues raised by my appearance. In addition, my promise of non-disclosure shall not extend to any court proceedings in which my legal rights vis-a-vis the Committee are at issue. D. Material Written or Otherwise Divulged for I also agree not to write for profit any material concerning my alleged involvement in the assassination of John F. Kennedy to be published prior to January 1, 1981, or to otherwise divulge such information for profit prior to that date. In the event that such material is published or otherwise divulged prior to January 1, 1981, I hereby assign to the United States Government all rights, title and interest in any royalties, remunerations and emoluments that have resulted or may result from such writing or other means of divulgence. I understand that the United States Government may choose to apply, prior to any unauthorized disclosure by me, for a court order prohibiting disclosure. B. Damages In addition to any rights for criminal prosecution or for injunctive relief the United States Government may have |