Defendants were charged with illegally exporting high technology equipment without a license. The indictment alleged that their application for a license had been assigned an application number but was then returned as inadequate. Instead of resubmitting the application, the defendants are alleged to have shipped the equipment to a Hong Kong company placing the application number on the shipping documents in place of an actual license number. During discovery, they requested to see the records relied on by the Secretary of Commerce in deciding whether to place the subject items on the control list, and they wanted to know the factual basis for national security controls related to each item. The government argued that the records were not material to the defense because a criminal defendant cannot challenge the Secretary's decision to place a commodity on the control list, and that the Secretary's decision to require export controls was a political question not reviewable in the courts. The District Court required the government to produce the records and the government appealed.
1. What were the reasons for control in this case?
2. What might have been the broader implications, beyond this case, if the court had allowed the defendant access to the Secretary's records? Could it have an impact on national security?
3. If different judges had different opinions as to what goods may or may not be exported without a license, what would be the result?