Page:United States Statutes at Large Volume 76A.djvu/484

–388– -388(b) A witness has a privilege to refuse to disclose a matter on the ground that it is a secret of state, and evidence of the matter is inadmissible, unless the judge finds that (1) the matter is not a secret of state, or (2) the chief officer of the department of government administering the subject matter which the secret concerns has consented that it be disclosed in the action. § 2862. Official information (a) As used in this section, "official information" means information not open or theretofore officially disclosed to the public relating to internal affairs of the Government of the Canal Zone or of any agency of the United States acquired by a public official of the Government of the Canal Zone or any agency of the United States in the course of his duty, or transmitted from one such official to another in the course of duty. (b) A witness has a privilege to refuse to disclose a matter on the ground that it is official information, and evidence of the matter is inadmissible, if the judge finds that the matter is official information, and (1) disclosure is forbidden by an Act of the Congress of the United States, or (2) disclosure of the information in the action will be harmful to the interests of the government. § 2863. Identity of informer A witness has a p r i v i l e ^ to refuse to disclose the identity of a person who has furnished information purporting to disclose a violation of a provision of the laws applicable in the Canal Zone or of any law of the United States to a representative of the Government of the Canal Zone or the United States or a governmental division thereof, charged with the duty of enforcing that provision, and evidence thereof is inadmissible, unless the judge finds that (1) the identity of the person furnishing the information has already been otherwise disclosed or (2) disclosure of his identity is essential to assure a fair determination of the issues. § 2864. Waiver of privilege by contract or previous disclosure A person who would otherwise have a privilege to refuse to disclose or to prevent another from disclosing a specified matter has no such privilege with respect to that matter if the judge finds that he or any other person while the holder of the privilege has (1) contracted with anyone not to claim the privilege or, (2) without coercion and with knowledge of his privilege, made disclosure of any part of the matter or consented to such a disclosure made by anyone. § 2865. Admissibility of disclosure wrongfully compelled Evidence of a statement or other disclosure is inadmissible against the holder of the privilege if the judge finds that he had and claimed a privilege to refuse to make the disclosure but was nevertheless required to make it. § 2866. Reference to exercise of privileges If a privilege is exercised not to testify or to prevent another from testifying, either in the action or with respect to particular matters, or to refuse to disclose or to prevent another from disclosing any matter, the judge and counsel may not comment thereon, no presumption shall arise with respect to the exercise of the privilege, and the trier of fact may not draw any adverse inference therefrom. I n those jury cases wherein the right to exercise a privilege, as herein provided, may be misunderstood and unfavorable inferences drawn by the trier of the fact, or be impaired in the particular case, the court, at the request of the party exercising the privilege, may instruct the jury in support of such privilege.

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