Judge John Keenan
Koch is in prison under 28 USC §1826(a) after being found in civil contempt for—despite receiving immunity from prosecution—violating multiple orders compelling grand jury testimony. Second Circuit affirmed district court, finding the government showed it sought Koch’s testimony related to the crime based on credible evidence that he may have information about its underlying events. Further the questions asked of Koch were not designed to unduly trample his First Amendment rights. Despite promising continued contempt, Koch sought immediate release. Discussing criticisms to the “no realistic possibility” framework set out by Second Circuit’s decision in Simkin v. United States district court granted Koch release. Third parties’ letters of support were probative of Koch’s resolve not to testify. Other submissions showed the degree to which he publicly staked out his position of non-cooperation. Further, the court found it likely that Koch would derive self-satisfaction from his position and increasingly present himself as, and perceive himself to be, a martyr. Thus, continued confinement will not move Koch from the “reflexive ideology” forbidding his cooperation with the grand jury’s serious investigation.
