How have courts considered the defense of justification in the context of the Vietnam War?

5 The government contends that several cases have dealt with this issue. It cites United States v. Eberhardt, 417 F.2d 1009 (4th Cir. 1969); United States v. Moylan, 417 F.2d 1002 (4th Cir. 1969); and United States v. Berrigan, 283 F.Supp. 336 (D.Md.1968). In fact, none of those cases involved this question. All of those cases dealt with whether the defendants' sincere belief in (1) the illegality of the war in Vietnam, and (2) the moral righteousness of their acts would justify their otherwise criminal conduct. As was noted in the opinion in Berrigan, that defense "is analogous to the . . . defense of justification," 283 F.Supp. at 339, but it is not identical.