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“It would mean that the government’s burden to prove willfulness was heavier in this case than in others because Defendant is a former senior aide to a former President who had a good faith belief that executive privilege excused his noncompliance,” Mehta wrote. “The court is aware of no authority that increases or alters the government’s evidentiary burden as to the mens rea element of a crime based on a defendant’s official position and his professed state of mind.”
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