Whether a defendant must prove governmental bad faith to establish a compulsory process clause violation?

QUESTIONS PRESENTED In United States v. Valenzuela-Bernal, 458 U.S. 858 (1982), this Court recognized that the government’s deportation of a material witness can violate a criminal defendant’s Sixth Amendment compulsory process right. In the ensuing years, two questions have arisen in the circuits about how a defendant may establish a compulsory process violation. This case presents a good vehicle for addressing both questions, which are: I. Whether a defendant must prove governmental bad faith to establish a compulsory process clause violation? Il. Whether, if a showing of governmental bad faith is required to establish a compulsory process clause violation, the cognizable showings are limited to either willful conduct designed to obtain a tactical advantage at trial or a departure from normal deportation procedures? i