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rekcusdo

10/28/16 10:38 AM

#357780 RE: big-yank #357749

"Then why does so much of the discovery material deal with issues of motives the government had?"

It doesn't. It deals with the intent they had. Intent and motive are NOT the same thing.

Donotunderstand

10/28/16 12:53 PM

#357809 RE: big-yank #357749

I suggest that in looking at a law - the motivation of the law makers is paramount (I think that is 100% correct legally)

However - originalists or strict ... will argue all the time that the written words show us that motive in all cases ....

I hope for more insight used by Judges who do not feel that the wording of a law is always clear and always obvious - and thus where they find it ambiguous look to motive

The Congress with this law had conservation as motive and that is good for us if we get there

(And I think if the motives of the GOV actions contradict that intent of congress then motive matters ..... e.g. if they had the motive of killing GSE then their arguing NOW in court their actions were NOT designed to kill the GSW but to protect them will fall flat once we know the motive was to kill the GSE --- i.e. motive if understood gives CONTEXT to understanding actions)