White

AMENDED ORDER

The government moves under the Court’s inherent authority to compel Defendant Sharonda White to submit to a mental examination by a government expert, arguing that it needs its own forensic psychiatric examination to effectively rebut White’s mental status defense. White opposes the motion on two grounds. First, she argues that the government “has previously conducted extensive mental examinations of [her], and [she] has disclosed mental health information to the government, including mental health records and reports.... ” Def.’s Opp’n filed September 18, 1998, at 1, 2. Second, White argues that a court-ordered examination concerning an element of the crime “which the government bears the burden of proving” would violate the Fifth Amendment. For the reasons stated below, the motion is granted under the Court’s supervisory power.

I.

ANALYSIS

“ ‘Guided by considerations of justice’ and in the exercise of supervisory powers federal courts may, within limits, formu late procedural rules not specifically required by the Constitution or the Congress.” United States v. Hasting, 461 U.S. 499, 505 , 103 S.Ct. 1974 , 76 L.Ed.2d 96 (1983) (quoting McNabb v. United States,…