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Criminal Law Keyed to Lee
United States v. Clegg
Citation:
846 F.2d 1221 (9th Circ. 1988)Facts
Clegg taught at an American school in Pakistan. According to Clegg, United States officials assisted his efforts to supply weapons to Afghan rebels resisting Soviet occupation of their country. Believing that this solicitation from United States officials constituted official permission to transport weapons, Clegg smuggled firearms through Pakistan. He was arrested, and was charged with exporting firearms in violation of several statutes.
In his defense, he sought to prove that he acted in a reasonable good-faith reliance on statements from the United States officials, which led him to believe that he was lawfully transporting the firearms. In order to prove his defense, he sought discovery of classified information to assist in proving that the United States officials encouraged his actions. The Government filed a pre-trial motion to prevent access to this material, but the trial court granted Clegg access to the classified materials. The Government appealed.
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