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Meanwhile (h/t Emptywheel), Marisa Taylor has exposed more legal scholarship from John Yoo in a memo related to Bush's ability to start the Iraq war:
In one lengthy section, Yoo expounds on the meaning of the word “and” and concludes that it should not be construed as a conjunction.
Well, there was the case of California "insanity" defence law, where the court there held that where the law said "and" (requiring both elements be present for an insanity defence, which was at variance with the similar two prongs of such a defence in other states which required either of the two conditions), but the court figured out that they must have meant "or" (so as to be consistent with other states and just plain common sense), and that the legislature must simply have been sloppy in the drafting....
Cheers,