Bertram Zweibon v. John N. Mitchell, Individually and as Attorney General of the United States of America

My concern is with the Court’s discussion of possible defenses available to John Mitchell and various former subordinates of his in the Federal Bureau of Investigation. While purporting to leave the question for another appeal, the Court has apparently determined to grant all these defendants a carte blanche mistake of law defense to the civil liability imposed by Title III.1 This important holding is not accompanied by any serious attempt to defend what must remain a significant extension of the isolated cases granting mistake of law defense. The purpose of this concurring opinion is to…