Mark Henry, aka Weida Zheng, aka Scott Russel, aka Bob Wilson, aka Joanna Zhong v. United States
Takings Securities Privacy JusticiabilityDoctri
1. Whether a "willful" violation of the Arms Export Control Act (""AECA"),
22 U.S.C. § 2778, requires proof that the defendant was aware of the export
licensing requirements provided under the statute and its related regulations, as
the Courts of Appeals for the Fifth, Seventh, Ninth, and Eleventh Circuits have
held, or whether it is sufficient to establish that the defendant was generally aware
that his or her conduct was in violation of some law, as the Courts of Appeals for the
First, Second, Third, Fourth, and Sixth Circuits have held.
2. Whether the AECA's assignment of legislative powers to the executive
branch violates the constitutional nondelegation doctrine, and whether Congress is
required to provide something more than an "intelligible principle" when it
delegates criminal lawmaking functions to the prosecuting branch of government.
3. Whether the personal right to defend in criminal cases encompasses an
absolute right to waive the statutory procedural protections provided under the
Court Interpreters Act, 28 U.S.C. § 1827.
Whether a 'willful' violation of the Arms Export Control Act requires proof of defendant's awareness of export licensing requirements