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.. Approved For Release 2008/11/06: CIA-RDP04M01816R000502010009-4 apply if the defendants could show facts justifying their reasonable reliance on the White House official's apparent authority and a legal theory justifying their belief that the apparent authority was lawful. Judge Merhige concluded that a defense would be available if the defendants reasonably relied on an apparent interpretation of lawful authority by the White House official. Even if the trial court did not choose to give an expansive mistake of law instruction, the Department believes that consideratiorsof fairness would lead the judge to allow the introduction of evidence bearing on the defendants' motives and the circumstances in which they acted -- evidence which would, in the Department's view, critically influence the jury's judgment. D. Problems of Proof. Even if the prosecution could overcome the argument that the East Coast Project was adequately authorized, and even if it could successfully meet the defense of mistake, it still would not follow that the prosecution would be successful. The prosecution must prove its entire case beyond a reasonable doubt. Once a defense going to any of the elements of the offense has been raised, the prosecution must respond by negating that defense beyond a reasonable doubt. 32./ 32/ See Mullanex v. Wilbur, 421 U.S. 684 (1975). A roved For Release 2008/11/06: CIA-RDP04M01816R000502010009-4