ENRIGHT, District Judge:
In August 1971, defendants Juan Ramon Fernandez, Alberto Ortiz and Rodolfo Pena Sanchez were arraigned and pleaded not guilty to an original three count indictment. A superseding indictment was filed September 1, 1971, charging defendants in count one with a violation of 18 U.S.C. § 371, conspiracy, in count two with a violation of 18 U.S.C. § 2114, robbery of mail, money, or other property of the United States, and in count three with a violation of 18 U.S.C. § 111, assault upon a federal officer. Defendants pleaded not guilty to all counts of the superseding indictment.
On November 15, 1971, after lengthy jury trial with a voluminous record, all defendants were found guilty as to all counts. Defendant Fernandez was sentenced to five years on count one, twenty-five years on count two, and ten years on count three, all sentences to run concurrently. Defendant Ortiz was sentenced to five years on count one and ten years on count three to run concurrently. Ortiz was sentenced to twenty-five years on count two, execution of sentence suspended, and he was placed on probation for five years to run consecutive to the term of imprisonment. Defendant Sanchez was sentenced to five years on count one, twenty-five years on count two, and ten years on count three, all terms to run consecutively.
FACTS
The government’s principal witness was the victim, Robert Canales, Special Agent, Bureau of Narcotics and Dangerous Drugs (BNDD).
Canales testified that in February 1971, an inmate in the Los Angeles [733]*733County Jail telephoned BNDD and indicated he wanted to talk to a BNDD agent. Canales eventually met with the inmate on July 21, 1971, and was given the telephone number of Sanchez. That same day, Canales called Sanchez and indicated that he, Canales, had been told that he could contact Sanchez if he wanted to purchase narcotics, particularly heroin. Sanchez indicated to Canales that he preferred not to converse on the telephone but suggested instead a personal meeting on the following day.
The next day at the agreed time and location, Canales, in possession of government funds, operating in an undercover capacity, and under surveillance by other BNDD agents, met with Sanchez. Negotiations ensued concerning the purchase of two ounces of heroin.
Sanchez then told Canales that they should go to his connection. The two proceeded to ride upon Canales’ motorcycle to a particular parking lot. Leaving Canales on the motorcycle, Sanchez stat'ed that he would be back in a few moments with the narcotics.
While Canales remained upon the motorcycle, Sanchez departed the area, only to return momentarily with Fernandez and Ortiz. The trio then left, but minutes later, Fernandez and Ortiz, after certain maneuverings, ran up to Canales with drawn weapons. They demanded that Canales give them all his money. Ortiz ordered Canales off the motorcycle, but Fernandez countermanded the order.
At that time Canales made a movement to get off the motorcycle. Whether the agent was making a move for cover or for his weapon is disputed. Suffice it to say, that at that moment he was shot by Fernandez and Ortiz. The wound so received caused permanent paralysis to Agent Canales.
ISSUES
The defendants presented fifteen issues on appeal. Those issues sufficiently meritorious as to deserve discussion may be divided into two categories: (a) the conduct of the trial, and (b) the legal elements of the offenses.
A. Conduct of the Trial
1. Challenge to Jury Selection. The defendants have raised several objections to the jury selection process in the Central District of California. The government, however, contends that defendants did not comply with the mandatory provisions of 28 U.S.C. § 1867 (West Supp.1974), challenging compliance with jury selection procedures. We cannot fault the government’s position.
One additional comment as concerns jury challenge would be beneficial. 28 U.S.C. § 1863(b)(2) allows voter registration lists to be used, unless some other supplemental source is necessary to achieve the policies of 28 U.S.C. §§ 1861, 1862. The Central District General Order No. 55 states a conclusion that no other source is necessary. The defendants argue that the important issue is that there exists no study or evidence to support the finding of General Order No. 55. Rather, defendants assert that “common political experience” belies an assumption that voter registration lists represent a cross-section of the populace. But the defendants have the burden of showing, prima facie, discriminatory practices. Whitus v. Georgia, 385 U.S. 545, 550-551, 87 S.Ct. 643, 646-647, 17 L.Ed.2d 599 (1967); United States v. Butera, 420 F.2d 564, 569 (1st Cir. 1970). “Common political experience” is a far cry from judicial notice, not to mention statistical comparative studies as utilized in Whitus v. Butera. In short, by relying upon “common political experience,” defendants would have failed to bear their burden.
2. Search of the Venire. Prior to the voir dire and selection of the jury panel, at least nine of the prospective jurors (three of whom became jury members and one an alternate) were searched for weapons by the United States Marshals responsible for courtroom security. The search of prospective jurors was curtailed shortly after it [734]*734had begun and thereafter, the marshals relied upon presentation of jurors’ cards.
The search was conducted in full view of the fifty member venire. It may be presumed that many veniremen knew that such procedure was not customary. For a period of five hours the potential jurors were free to discuss the implications of the search.
Prior to a noon recess, the trial judge indicated that he felt a new venire could be made available within forty-eight hours. After the recess, however, the court, desiring to impanel the jury that afternoon, denied a defense motion challenging the venire. The court stated that balancing the interests of all concerned and the possible prejudice to both sides, the impanelment should go forward. Further, the court intended to purge the prejudice by voir dire, admonition, and challenge, if any. Defense neither offered additional voir dire questions nor subsequently utilized any challenges for cause. The court questioned the panel thoroughly as to possible bias or prejudice resulting from the search.1 Finally, the defense at one point conceded that the prejudice, if any, might be equally directed to the government as to the defendants.2 Given the particular circumstances of this case, we cannot conclude that the course chosen by the trial judge was imprudent nor insufficient.
[735]*7353. Prosecutorial Misconduct.
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ENRIGHT, District Judge:
In August 1971, defendants Juan Ramon Fernandez, Alberto Ortiz and Rodolfo Pena Sanchez were arraigned and pleaded not guilty to an original three count indictment. A superseding indictment was filed September 1, 1971, charging defendants in count one with a violation of 18 U.S.C. § 371, conspiracy, in count two with a violation of 18 U.S.C. § 2114, robbery of mail, money, or other property of the United States, and in count three with a violation of 18 U.S.C. § 111, assault upon a federal officer. Defendants pleaded not guilty to all counts of the superseding indictment.
On November 15, 1971, after lengthy jury trial with a voluminous record, all defendants were found guilty as to all counts. Defendant Fernandez was sentenced to five years on count one, twenty-five years on count two, and ten years on count three, all sentences to run concurrently. Defendant Ortiz was sentenced to five years on count one and ten years on count three to run concurrently. Ortiz was sentenced to twenty-five years on count two, execution of sentence suspended, and he was placed on probation for five years to run consecutive to the term of imprisonment. Defendant Sanchez was sentenced to five years on count one, twenty-five years on count two, and ten years on count three, all terms to run consecutively.
FACTS
The government’s principal witness was the victim, Robert Canales, Special Agent, Bureau of Narcotics and Dangerous Drugs (BNDD).
Canales testified that in February 1971, an inmate in the Los Angeles [733]*733County Jail telephoned BNDD and indicated he wanted to talk to a BNDD agent. Canales eventually met with the inmate on July 21, 1971, and was given the telephone number of Sanchez. That same day, Canales called Sanchez and indicated that he, Canales, had been told that he could contact Sanchez if he wanted to purchase narcotics, particularly heroin. Sanchez indicated to Canales that he preferred not to converse on the telephone but suggested instead a personal meeting on the following day.
The next day at the agreed time and location, Canales, in possession of government funds, operating in an undercover capacity, and under surveillance by other BNDD agents, met with Sanchez. Negotiations ensued concerning the purchase of two ounces of heroin.
Sanchez then told Canales that they should go to his connection. The two proceeded to ride upon Canales’ motorcycle to a particular parking lot. Leaving Canales on the motorcycle, Sanchez stat'ed that he would be back in a few moments with the narcotics.
While Canales remained upon the motorcycle, Sanchez departed the area, only to return momentarily with Fernandez and Ortiz. The trio then left, but minutes later, Fernandez and Ortiz, after certain maneuverings, ran up to Canales with drawn weapons. They demanded that Canales give them all his money. Ortiz ordered Canales off the motorcycle, but Fernandez countermanded the order.
At that time Canales made a movement to get off the motorcycle. Whether the agent was making a move for cover or for his weapon is disputed. Suffice it to say, that at that moment he was shot by Fernandez and Ortiz. The wound so received caused permanent paralysis to Agent Canales.
ISSUES
The defendants presented fifteen issues on appeal. Those issues sufficiently meritorious as to deserve discussion may be divided into two categories: (a) the conduct of the trial, and (b) the legal elements of the offenses.
A. Conduct of the Trial
1. Challenge to Jury Selection. The defendants have raised several objections to the jury selection process in the Central District of California. The government, however, contends that defendants did not comply with the mandatory provisions of 28 U.S.C. § 1867 (West Supp.1974), challenging compliance with jury selection procedures. We cannot fault the government’s position.
One additional comment as concerns jury challenge would be beneficial. 28 U.S.C. § 1863(b)(2) allows voter registration lists to be used, unless some other supplemental source is necessary to achieve the policies of 28 U.S.C. §§ 1861, 1862. The Central District General Order No. 55 states a conclusion that no other source is necessary. The defendants argue that the important issue is that there exists no study or evidence to support the finding of General Order No. 55. Rather, defendants assert that “common political experience” belies an assumption that voter registration lists represent a cross-section of the populace. But the defendants have the burden of showing, prima facie, discriminatory practices. Whitus v. Georgia, 385 U.S. 545, 550-551, 87 S.Ct. 643, 646-647, 17 L.Ed.2d 599 (1967); United States v. Butera, 420 F.2d 564, 569 (1st Cir. 1970). “Common political experience” is a far cry from judicial notice, not to mention statistical comparative studies as utilized in Whitus v. Butera. In short, by relying upon “common political experience,” defendants would have failed to bear their burden.
2. Search of the Venire. Prior to the voir dire and selection of the jury panel, at least nine of the prospective jurors (three of whom became jury members and one an alternate) were searched for weapons by the United States Marshals responsible for courtroom security. The search of prospective jurors was curtailed shortly after it [734]*734had begun and thereafter, the marshals relied upon presentation of jurors’ cards.
The search was conducted in full view of the fifty member venire. It may be presumed that many veniremen knew that such procedure was not customary. For a period of five hours the potential jurors were free to discuss the implications of the search.
Prior to a noon recess, the trial judge indicated that he felt a new venire could be made available within forty-eight hours. After the recess, however, the court, desiring to impanel the jury that afternoon, denied a defense motion challenging the venire. The court stated that balancing the interests of all concerned and the possible prejudice to both sides, the impanelment should go forward. Further, the court intended to purge the prejudice by voir dire, admonition, and challenge, if any. Defense neither offered additional voir dire questions nor subsequently utilized any challenges for cause. The court questioned the panel thoroughly as to possible bias or prejudice resulting from the search.1 Finally, the defense at one point conceded that the prejudice, if any, might be equally directed to the government as to the defendants.2 Given the particular circumstances of this case, we cannot conclude that the course chosen by the trial judge was imprudent nor insufficient.
[735]*7353. Prosecutorial Misconduct. The defense contends that the prosecuting attorney committed numerous acts of prejudicial misconduct. When the defendants’ contentions are accumulated and concentrated within twenty-four pages, comprising one-fifth of the defense brief, they cannot be read without some sentiment that improprieties requiring reversal may have been committed. But when read in the context of a record consisting of nineteen volumes, totaling three thousand pages, the allegations of misconduct become muted, and in light of the overwhelming evidence of guilt, it may be concluded that the trial judge conducted an essentially fair and just proceeding and that the prosecution’s misconduct — which did occur in several instances — was not of sufficient moment as to require reversal.3 See Favors v. Eyman, 466 F.2d 1325, 1329 (9th Cir. 1972); Taylor v. United States, 134 U.S.App.D.C. 188, 413 F.2d 1095 (1969).
4. Exclusion of Evidence of Motive. The theory of the defense case was that the defendants had met Agent Canales under the belief that he was a heroin dealer and had intended to warn him to stop dealing in drugs within the barrios. The defendants testified that they had previously taken such action, both as individuals and as members of an organization, La Casa de Carnalismo, the main goal of which was to eradicate drug traffic and addiction in the Chicano barrios.
The defendants further testified that to accomplish their goal, they and La Casa de Carnalismo, had engaged in a campaign which included counselling drug addicts to seek treatment, speaking to individual youths and to student, youth, and prison groups, as well as attempting to influence legislation. They also testified that they would not report dealers to law enforcement, for if they did so, they would be labeled informers, and their safety would be jeopardized. Finally, defendants explained that, after much deliberation, they undertook their vigilante activity, because the police were not adequately dealing with the drug problem.
The defendants urge that the trial court erred in excluding as irrelevant both expert and percipient testimony to corroborate their testimony regarding their anti-drug activities. While seventeen witnesses were excluded by the trial judge, nevertheless, he did allow the testimony of five witnesses who did corroborate the defendants’ past anti-drug activity. The trial court is vested with discretion in admitting or denying motive evidence, e. g., Zamloch v. United States, 193 F.2d 889, 892 (9th Cir. 1952), and evidence, though relevant, may be excluded at the discretion of the court if its probative value is substantially outweighed by considerations [736]*736of undue delay, waste of time, or needless presentation of cumulative evidence. E. g., Subcommittee on Criminal Justice, House Committee on the Judiciary, tentative draft of H.R. 5463, 93d Cong., 1st sess., Rule 403 (13 Crim.L.Rptr. 3279, July 18, 1973); Proposed Federal Rule of Evidence 403, 56 F.R.D. 183, 218 (1973); Wigmore on Evidence §§ 1907-08; Rule 45, Uniform Rules of Evidence. While another trial judge may have been more liberal in permitting additional testimony, we cannot conclude from the record that the trial judge abused his discretion.
5. In Camera Inspection. A defense motion for production of exculpatory material, including government intelligence files, was made, based on the affidavit of a Eustacio (Frank) Martinez, a former paid government informer. The affidavit in essence stated that he had informed his superiors that La Casa de Carnalismo was not involved in illegal activities but rather in an anti-drug self-help program; that the intention of the government was to close La Casa de Carnalismo; that the government possessed surveillance photos of the appellants among others. The theory of the defense was that the intelligence information would be relevant to the issues of entrapment and bias and motive on the part of prosecution witnesses. The motion was denied without an in camera inspection.4
The defense on appeal also asserts that the exculpatory information would corroborate the testimony of a defense witness that Agent Canales had prior knowledge of the appellants and La Casa de Carnalismo. Additionally, appellants argue that such information would have served to impeach the testimony of the government agents to the effect of denying prior knowledge.
The government on appeal counter-argues that the information would be totally immaterial to the guilt of the defendants and revelation of the information would not have impeached any critical witness for the prosecution.
We agree. Any bias shown would have little, if any, impact upon the determination that the appellants, as they testified, did indeed intend to confront Canales. And any effort to impeach witnesses as to the facts necessary to support a self-defense theory are irrelevant in circumstances, such as these, where such a theory is, at best, tenuous.
B. Legal Elements of the Offenses
The defendants raise two basic legal arguments. First, they assert that knowledge of the federal identity of the victim and funds is an essential prerequisite for conviction under each count. Second, they argue that 18 U.S.C. § 2114 — robbery of mail matter, money, or other property of the United States— was not intended by the Congress to encompass their instant conduct. Each shall be examined in turn.
1. Knowledge of Federal Identity. Defendants insist that they actually believed that Agent Canales was a drug dealer, and hence, each defendant argues that he was ignorant that Canales was in reality a government agent. The thrust of the government’s response to this argument is that defendants’ ignorance is irrelevant, that specific knowledge that the victim is a federal agent is not an essential element of forcible assault under 18 U.S.C. § 111. United States v. Kartman, 417 F.2d 893, 894 (9th Cir. 1969); McEwen v. United States, 390 F.2d 47 (9th Cir. 1968).
Both McEwen and Kartman rely in large part upon United States v. Lombardozzi, 335 F.2d 414 (2d Cir. 1964), cert. denied, 379 U.S. 914, 85 S.Ct. 261, 13 L.Ed.2d 185 (1964). Thus, in McEwen, in reference to Section 111, this court adopted a holding of the Second Circuit:
“The courts should not by judicial legislation change the statute by adding, in effect, the words 'with knowledge that such person is a federal officer’ [737]*737[to its provisions]”, Lombardozzi, supra, p. 416, ....
390 F.2d at 50. And similarly in Kart-man, this court held that
This interpretation of the forcible assault prohibition in section 111 as requiring only mens rea, and not also specific knowledge of the victim’s official status, comports with the legislative purpose, which was simply to provide a federal forum when the enumerated offenses were committed against federal officers engaged in the performance of federal duties. . United States v. Lombardozzi, 335 F.2d 414, 416, ....
417 F.2d at 895.
The above conclusions adopted by us from Lombardozzi were based on the “meager legislative history [suggesting] that in section 111 Congress merely sought to provide a federal forum . .” United States v. Lombardozzi, 335 F.2d 414, 416 (2d Cir. 1964). In retrospect, we cannot conclude that the mere intent of the legislation was only to provide a federal forum. While it is true that the Department of Justice sought the legislation so that “[t]he Federal Government should not be compelled to rely upon the courts of the States, however respectable and well disposed, for the protection of its investagative and law-enforcement personnel,’ ” Ladner v. United States, 358 U.S. 169, 174-175 n. 3, 79 S.Ct. 209, 212 n. 3, 3 L.Ed.2d 199 (1958), nevertheless, the underlying purpose of the legislation as originally conceded by the government in Ladner was “ ‘to protect the individual officers, as “wards” of the federal government, from personal harm.’ ” 358 U.S. at 174, 79 S.Ct. at 212.
Indeed, the raison d’etre for the statute is the protection of the government officer. The essential question is how may the statute serve to protect the particular agent in the particular circumstances here before us. This is not a case like McEwen v. United States, 390 F.2d 47 (9th Cir. 1968) where the presence of the officers was announced and directed to the defendant by electrically operated megaphone, and where also, the defendant admitted that “ T had a sneaking hunch that it was policemen. I don’t know what individuals — I had no idea what branch.’ ” Id. at 49.5 Neither is the instant case similar to United States v. Kartman, 417 F.2d 893 (9th Cir. 1969); there the alleged assault occurred upon an individual who was ostensibly engaged in subduing and arresting a demonstrator during a protest at an Armed Forces Induction Center.
In the instant case, not only were the circumstances such that the agent’s federal identity was not necessarily obvious, but rather the agent at the time in question was positively and deliberately attempting to disguise that very identity. The more successful in disguising his identity, the more likely the prospect that the defendants would fully accept the agent’s feigned role, and thereby subject themselves to increased penalties for a specific crime against a [738]*738specific, designated victim. There exists in such a situation the strong possibility that if in fact the agent’s true identity were known, no such activity would have occurred or even been contemplated.
Hypothetically, it is not unreasonable to assume that injury to a bystander in a public disturbance who happens to be a federal officer might lead to disproportionate penalties to persons who had no reason to suspect or anticipate such status and, as a result, pay an inappropriately harsher price for their ignorance.
If a state law enforcement officer had come upon the scene of this purported sale and, relying upon appearances, had inflicted this very injury, we conceivably could deal with similar legal issues. When, as here, the agent ostensibly gives up his badge and goes undercover, a situation is created which gives rise to misgivings about crimes involving the status of the victim when such knowledge is not an element of the crime. We are, however, also concerned that by recognizing such a defense to defeat federal jurisdiction, a greater evil may be presented.
If knowledge were made an element, conviction, of course, would become dependent upon the state of mind of the defendant, and successful prosecution would necessarily become more speculative. Hence, we would envision prosecutors having to make subtle tactical decisions well in advance of any evidentiary hearing, resulting in bifurcated state and federal prosecutions. In turn, multiple prosecutions would raise a myriad of potential double jeopardy issues.6 Opening the floodgates to countless unknown difficulties could only emasculate the protection the Congress intended. We hestitate to take such a step.
There does exist within the legislative branch the potential for statutory change. For example, 18 U.S.C. § 111 as it now exists could be amended with the inclusion of an element requiring scienter. A lesser included offense, not requiring scienter, could also be enacted. Such a tandem would do much to alleviate our misgivings; but it is the Congress which must act, not the judiciary.
We must also note the possibility of different scienter requirements for substantive and conspiratorial crimes. The precise issue of whether scienter is necessary for conviction of conspiracy to violate 18 U.S.C. § 111 has recently been addressed by the Second Circuit in United States v. Alsondo, 486 F.2d 1339 (2d Cir. 1973), cert. granted sub nom., United States v. Feola,-U.S.-, 94 S.Ct. 1932, 40 L.Ed.2d 285 (1974). Relying upon the rationale proffered by Judge Learned Hand,
While one may, for instance, be guilty of running past a traffic light of whose existence one is ignorant, one cannot be guilty of conspiring to run past such a light, for one cannot agree to run past a light unless one supposes that there is a light to run past,
United States v. Crimmins, 123 F.2d 271, 273 (2d Cir. 1941), that Circuit held that scienter is required for proof of conspiracy.
Not only do we have misgivings about substantive offenses involving the status of the victim where scienter is not an element, but we are especially concerned [739]*739when conspiratorial offenses suffer from the same weakness.
The Alsondo court did note that the Crimmins rationale has been subjected to criticism. Our circuit has followed such criticism. United States v. Roselli, 432 F.2d 879, 891-892 (9th Cir. 1970), cert. denied, 401 U.S. 924, 91 S.Ct. 883, 27 L.Ed.2d 828 (1971). Considering the state of our own precedent, we would continue to hold that scienter is not a necessary element in conspiracy to assault a federal agent in the performance of his official duties and to steal governmental funds.
The defendants also argue that an essential element of 18 U.S.C. § 2114 is knowledge of the federal nature of the property involved. We would be inclined to hold that the defendants are in error for reasons analogous to the ones immediately above. But since we reverse the conviction of the defendants under Section 2114, we do not reach the issue of knowledge of the federal identity of the property involved.
2. Construction of 18 U.S.C. § 2114. Defendants contend that 18 U.S.C. § 2114 7 makes criminal only assaults with intent to rob property having sufficient connection to the postal service. Obviously, in the instant ease, there is no connection between the mail system and the federal property here involved, i. e., marked funds in the possession of Agent Canales of the Bureau of Narcotics and Dangerous Drugs. In response, the government argues first that precedent bolsters its position that the property need not be related to the postal service, and second, that the language of the statute is not patently ambiguous and hence there exists no need to examine legislative intent.
As regards the first argument, the government directs our attention to United States v. O’Neil, 436 F.2d 571 (9th Cir. 1970); United States v. Sherman, 421 F.2d 198 (4th Cir. 1970), cert. denied sub nom., Sherman v. United States, 398 U.S. 914, 90 S.Ct. 1717, 26 L.Ed.2d 78 (1970); Peek v. United States, 321 F.2d 934 (9th Cir. 1963); Lockhart v. United States, 293 F.2d 314 (8th Cir. 1961); Banks v. United States, 239 F.2d 409 (7th Cir. 1957). These cases render little support to the government. The latter two cases, Lock-hart and Banks, did involve postal money. And in the former three cases, the defendants there did not raise nor did the respective courts decide upon the issue presently before us: must there be a nexus between the property taken and the postal service ?
Our reading of the statute leads us to conclude that the wording employed in amendment of its predecessor 8 in 1935 [740]*740is sufficiently ambiguous to raise the question of legislative history. Once legislative history is consulted a more precise focus is obtained. In 1935 the terminology “money” and “other property” was added to the statute which had previously contained only references to “mail matter.” The congressional discussion is as illuminating as legislative history could possibly be:
The only purpose of the pending bill is to extend the protection of the present law to property of the United States in the custody of its postal officials, the same as it now extends that protection to mail matter in the custody of postal officials. Aside from that, it makes no change in the law. It just includes property of the United States in addition to mail matter which is protected; and let me say there are many custodians of postal stations who have a great amount of money in their custody but little mail; for instance, in those substations where money orders are sold. If a bandit attacks these employees seeking that money, there is no way to prosecute the bandit under the present law, but if he is merely after a postal card or a letter he can be prosecuted.
79 Cong.Rec. 8205 (1935) (emphasis added).
The convictions as to Count II were in error.
In conclusion, the convictions and sentences upon counts one and three are affirmed; the convictions and sentences upon count two are reversed and dismissed.