United States v. Clegg
United States Court of Appeals for the Ninth Circuit
846 F.2d 1221 (1988)
Eugene Clegg (defendant), an American teacher in Pakistan, was charged with illegally exporting firearms after allegedly smuggling weapons through Pakistan to Afghan rebels resisting Soviet occupation. Clegg claimed two high-ranking U.S. Army officers had helped him contact the rebels, obtain weapons, and plan a large secret arms shipment, and he sought classified and unclassified documents to support that claim. After the district court ordered disclosure and the court of appeals affirmed, Clegg gave notice he would use the evidence at trial to argue he had mistakenly, but in good faith, relied on the military officials' representations that his conduct was authorized. The district court ruled the evidence admissible, and the government appealed.
Whether a defendant charged with illegally exporting firearms may raise a mistake-of-law defense based on good-faith reliance on federal military officials' representations that his conduct was authorized.