What is the proper rule on whether a defendant may not be convicted of wilfully disobeying an order to testify?
MultiRegion, United States of America
The following excerpt is from U.S. v. Armstrong, 781 F.2d 700 (9th Cir. 1986):
Contrary to the majority's view, I believe the proper rule to be the following: A defendant may not be convicted of willfully disobeying an order to testify, where he relies in good faith on counsel's advice that such disobedience is lawful and the court has not instructed him as to his duty to obey its order. 2 The principle on which I rely was initially set forth in Williamson v. United States, 207 U.S. 425, 28 S.Ct. 163, 52 L.Ed. 278 (1908):
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