In a 5-2 decision (Justices Brennan and Rehnquist took no part in the consideration of the case), the Court held that the government can overcome a claim of Fifth Amendment privilege by granting a witness "use and derivative use" immunity in exchange for his testimony.

Prior to the scheduled appearances, the government applied to the District Court for an order directing petitioners to answer questions and produce evidence before the grand jury under a grant of immunity conferred pursuant to 18 U.S.C. § 6003(a).

The District Court rejected their brief and ordered petitioners to appear before the grand jury and answer its questions, under the grant of immunity.

They were brought before the District Court, and all persisted in refusing to answer the grand jury's questions, notwithstanding the grant of immunity.

The United States can compel testimony from an unwilling witness who invokes the Fifth Amendment privilege against compulsory self-incrimination by conferring immunity, as provided by 18 U.S.C.