@mazinmelegy Also note, the part of memo that @benjaminwittes says is most important is what I've shown to be false.
@mazinmelegy Any good explanation why he'd use a fax rather than the authoritative, binding DOJ legal analysis, then?
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@emptywheel Well no, but the fax doesn't seem to contain any information that authoritative, binding DOJ legal analysis doesn't. -
@mazinmelegy It doesn't ADD anything, but it doesn't INCLUDE a lot of the caveats, meaning intent is unlimited. -
@emptywheel But the caveats are all "a matter of practice", not law. In fact, DOJ explicitly rejects the alternate legal interpretation -
@emptywheel They simply acknowledge that someone can argue it, and that a jury might buy it. That doesn't seem like guiding legal analysis. -
@mazinmelegy But warning it is possibility means warning people like Zirbel he shouldn't argue freezing someone to death not intentional.
End of conversation
New conversation -
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@emptywheel Put another way, using the fax is essentially the same thing as using the DOJ analysis.Thanks. Twitter will use this to make your timeline better. UndoUndo
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