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Defendant is charged with knowingly possessing counterfeit access cards. A defense psychiatrist will testify that Defendant has a cognitive disorder that makes him unusually suggestible. The defense also wants the psychiatrist to say, "Defendant did not knowingly possess counterfeit cards."
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The psychiatrist may describe diagnoses and symptoms if otherwise admissible, but may not state an opinion about whether the defendant did or did not have the mental state constituting an element of the offense. The psychiatrist may state that the defendant did not have the intent required for the charged crime. The psychiatrist may testify about the defendant's exact intent if the testimony is helpful. The psychiatrist may testify about intent only if the government calls an expert first.

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