I concur in the result on the basis that I agree that Seewald’s refusal to answer covered all questions, not just potentially incriminatory ones. See Landy v. United States, 283 F.2d 303 (5th Cir. 1960), cert, denied, 365 U.S. 845, 81 S.Ct. 805, 5 L.Ed.2d 810 (1961). I cannot agree, however, with that portion of the opinion holding that he had no “reasonable cause” to apprehend danger. Department of Justice “policy,” even when reinforced by the Solicitor General’s confessions of error when the policy is not followed, as in Petite v. United States, 361 U.S. 529, 80 S.Ct. 450, 4 L.Ed.2d 490 (1960), and Marakar v. United States, 370 U.S. 723, 82 S.Ct. 1573, 8 L.Ed.2d 803 (1962), does not sufficiently safeguard a defendant, already convicted of substantive crime, from further incrimination when he is called to testify to the same transactions. See Brennan, Black and Douglas, JJ., in Petite v. United States, supra at 533, 80 S.Ct. at 450, 4 L.Ed.2d at 490 (separate opinion). Departmental policy can be changed and involves executive discretion not subject to judicial review. See United States v. Williams, 431 F.2d 1168, 1175 (5th Cir. 1970). I do not join in that portion of the opinion relating to United States v. Miranti, 253 F.2d 135 (2d Cir. 1958).