(concurring in the result).
Two principal grounds of error are raised on this appeal: (1) that the questions which appellant refused to answer, relating to the names of other persons associated with him in political activity, were not pertinent to the congressional inquiry; and (2) that there was no showing of probable cause sufficient to justify the issuance of a subpoena to appellant. I agree that the first contention must be rejected if we are to consider the question of pertinency to be resolved without reference to First Amendment rights. I also agree that the second contention must fail since we are bound by this court’s decision in Shelton v. United States, 1960, 108 U.S.App.D.C. 153, 280 F.2d 701, certiorari granted 1961, 365 U.S. 857, 81 S.Ct. 823, 5 L.Ed.2d 821.