Respondent's problems in the foregoing argument.

• Jurisdiction: United States

Section 179. Respondent's problems in the foregoing argument.—After the Supreme Courts decision in the Hoffman case, the Government was in a most difficult position, a difficulty more than apparent from its written argument. Thus, as was indicated at the argument, the Government in the course of an 88-page brief, of which 35 pages were devoted to the proposition that "There was no real danger that the questions which petitioner refused to answer would have incriminated him,"⁶³ never once saw fit to quote the portions of the Hoffman opinion which read as follows:

"However, if the witness, upon interposing his claim, were required to prove the hazard in the sense in which a claim is usually required to be established in court, he would be compelled to surrender the very protection which the privilege is designed to...