United States v. Balsys

United States v. Balsys 524 US 666, 118 S. Ct. 2218 (1999) is a United States Supreme Court case involving Aloyzas Balsys A Lithuania who immigrated to United States in 1961.

Background
As a part of Balsys' application of immigration to the United States he stated prior service in the Lithuanian Army, serving from 1934 to 1940. This prior service came into question by the Justice Department's Office of Special Investigations (OSI) and become the center of the dispute over this case. In 1979 the Justice Department's Office of Special Investigations (OSI) was established to investigate and deport supporters found of persecuting "any person because of race, religion, national origin, or political opinion.". Around the time of Balsys' service in the Lithuanian Army, Lithuanian auxiliaries supported a German detachment with the murdering the Jews of Lithuania. for questioning about his wartime activities between 1940 and 1944. Fearing deportations at the deposition, He invoked the Fifth Amendment right against self incrimination.

Court rulings
The District court agreed that Balsys testimony could put him in danger with foreign countries but claimed that "The reasonableness of his fear is not challenged by the Government, and we thus squarely face the question whether a criminal prosecution by a foreign government not subject to our constitutional guarantees presents a “criminal case” for purposes of the privilege against self-incrimination. "

Balsys appealed this decision to the Second Circuit but in a 7-to-2 decision the court held. With Justice Souter delivering the Courts Opinion stating fear of self incrimination and a following prosecution by a foreign country does not fall under the Fifth Amendment right against self incrimination.