 |
|
specifically,
Posted on: October 3, 2019 at 15:21:49 CT
gmmm98 MU
Posts:
13786
Member For:
15.34 yrs
Level:
User
M.O.B. Votes:
0
Last antecedent rule: an interpretive principle by which a court determines that qualifying words or phrases modify the words or phrases immediately preceding them and not words or phrases more remote, unless the extension is necessary from the context or the spirit of the entire writing.
the language in this case is regarding an urgent concern: A serious or flagrant problem, abuse, violation of law or Executive order, or deficiency relating to the funding, administration, or operation of an intelligence activity within the responsibility and authority of the Director of National Intelligence involving classified information, but does not include differences of opinions concerning public policy matters. in this case, proper statutory construction means an urgent concern is either: 1) a serious or flagrant problem, abuse, violation of law or executive order; or 2) a deficiency relating to the funding...
in this case, it is clear from statutory intent that disclosure is promoted (public policy also supports reporting shady behavior). ie, the "spirit of the writing" promotes disclosure and whistleblower protection.
the olc memo found the "relating to the funding, administration, or operation of an intelligence activity to modify the entirety of the list, instead of the last antecedent.
it is wrong. either the drafter is really bad at statutory construction or it is a post-hoc justification.
Edited by gmmm98 at 15:56:56 on 10/03/19
the language in this case is regarding an urgent concern: A serious or flagrant problem, abuse, violation of law or Executive order, or deficiency relating to the funding, administration, or operation of an intelligence activity within the responsibility and authority of the Director of National Intelligence involving classified information, but does not include differences of opinions concerning public policy matters. in this case, proper statutory construction means an urgent concern is either: 1) a serious or flagrant problem, abuse, violation of law or executive order; or 2) a deficiency relating to the funding...
in this case, it is clear from statutory intent that disclosure is promoted (public policy also supports reporting shady behavior). ie, the "spirit of the writing" promotes disclosure and whistleblower protection.
the olc memo found the "relating to the funding, administration, or operation of an intelligence activity to modify the entirety of the list, instead of the last antecedent.
it is wrong. either the drafter is really bad at statutory construction or it is a post-hoc justification.
Edited by gmmm98 at 15:56:56 on 10/03/19
Please explain why this message is being reported.
MESSAGE THREAD
specifically, - gmmm98 MU - 10/3 15:21:49