United States v. Cox
United States Court of Appeals for the Fifth Circuit
342 F.2d 167 (1965)
After two Black witnesses, Goff and Kendrick, testified in a voting-discrimination lawsuit against a Mississippi registrar, federal district judge W. Harold Cox believed they had perjured themselves and directed the case to be investigated; the FBI investigated twice and found no grounds for perjury charges, which U.S. Attorney Robert Hauberg and Acting Attorney General Nicholas Katzenbach (defendants) reported to the judge. When a state grand jury nonetheless indicted the witnesses, the Justice Department obtained an injunction against that prosecution, but Judge Cox convened a federal grand jury that also returned an indictment, and when he ordered Hauberg to sign it, Hauberg refused on Katzenbach's instruction. Judge Cox held Hauberg in contempt and ordered Katzenbach to show cause why he shouldn't be held in contempt too; Hauberg, Katzenbach, and the Justice Department appealed.
Whether a U.S. attorney has the discretionary authority to decide whether to bring a prosecution, such that a court cannot compel the attorney to prepare and sign an indictment against his judgment.