Word: memorandums
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...while upholding another. Now the way is open for an endless string of smut cases to be appealed to the Supreme Court. In school desegregation disputes, the court has seemed ambivalent, particularly on the question of busing. After one decision that appeared to encourage busing, Burger issued an unusual "memorandum" suggesting that lower courts were misreading the ruling...
DERSHOWITZ: In preface, you have to understand that right at the beginning of our memorandum of law we define "deliberate" to mean one of two definitions, that is, not merely considered decision to express taken for the very purpose of obstructing but failure to disclose evidence. That is what we set out as our definition in the memorandum of law. My reference to "deliberate" was intended as a reference to that standard. I think your Honor knows me well enough and has heard me often enough to know that on every occasion I have accepted the good faith representations...
DERSHOWITZ: It was my own view at the time that the government had made not an accidental but a deliberate decision. They had thought about it and decided not to turn over the Goe memorandum. Your Honor and I disagree as to the significance of the Goe memorandum, and the government and I disagree...
...view that there was a decision to withhold the Goe memorandum at that point. It was not my belief that the decision was necessarily made for bad purpose. Certainly, reasonable people could disagree as to whether the government had an obligation to disclose it, but I did not think on the basis of the conversations I had with people in the government that that was an accidental inadvertence. I had been told that the government knew about the Goe memorandum. It is possible that I was overexuberant about...
...Sagor testified, was so excited when I had the Goe memorandum, that it seemed to me that it was the most critical point in this case. Here is the first piece of evidence that we had that the government had some knowledge in their files and I did tell Mr. Sagor, "That does it. That...