Answer:
In the case of U.S. v. Hsu, the defendant was indicted for violating the Economic Espionage Act by conspiring to steal corporate trade secrets for an anti-cancer drug. During the trial, the defense requested a copy of the trade secret documents. However, the government argued that the defense did not need full access to the documents and suggested that access should be granted only under the supervision of the judge.
The defense, on the other hand, maintained that they had the right to full access to the documents. They believed that this was necessary in order to establish the defense of impossibility, meaning that Hsu could not have stolen trade secrets that did not actually exist.
Ultimately, the district court agreed with the defense's argument and granted them full access to the trade secret documents. However, the government appealed this decision.
Now, the question is whether the defendant must be allowed full access to trade secrets that are a key part of the case.
The answer to this question is notstraightforward and can vary depending on the specific circumstances and legal jurisdiction. In general, the courts have recognized that in certain cases, the defense may need access to confidential or classified information in order to mount an effective defense.
However, this access is often subject to certain limitations and safeguards to protect the interests of national security or the privacy of individuals. For example, in some cases, access to sensitive information may be granted only under the supervision of the judge or with certain restrictions in place to prevent unauthorized disclosure.
It is also important to note that the court's decision on whether to grant full access to trade secret documents will depend on various factors, including the relevance of the information to the defense's case, the potential harm to national security or the legitimate interests of the trade secret holder, and the availability of alternative ways for the defense to establish their defense.In summary, while the defendant's right to access trade secret documents that are a key part of the case is generally recognized, the court will carefully consider the specific circumstances and balance the interests of all parties involved before making a decision.