When a witness unlawfully refuses to answer questions from a grand jury, a court has authority to declare her in civil contempt. [My emphasis.] In those cases, the purpose of confinement following a finding of civil contempt is to coerce the witness's testimony. The confinement must end, for example, when the term of the grand jury expires (because the witness cannot testify before a grand jury that does not exist), or when the witness chooses to testify.
Dure porcess also demands, however, that the court end confinement where it is substantially likely that the witness's confinement is no longer coercive. Confinement withouth the possibility of coercing testimony is purely punitive, and falls within the realm of criminal law. So far as the court is aware, the Government has not charged either Ms. Olejnik or Mr. Duran with criminal contempt. [my emphasis.]