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The government, in turn, focuses on the structure of the CSA — the words denoting mensrea, “knowingly or intentionally,” come after the exception clause at issue and so, the government argues, do not apply to it. Medicine, they contend, is by nature iterative, and the science of pain medicine in particular continues to evolve. (As
I feel like we’re in a Senate room drafting language [of a statute]. “Corruptly” as a consciousness of wrongdoing has never been the mensrea for bribery. Of course it was contested. The whole argument was this was a legitimate consulting agreement.
Yet the last hearing seemed to focus on a number of things that did not occur, from a draft tweet that was not sent to an executive order that was never signed. That is a far cry from evidence showing mensrea — “guilty mind.” Instead, much of the evidence cited what an official failed to do.
Yet the last hearing seemed to focus on a number of things that did not occur, from a draft tweet that was not sent to an executive order that was never signed. It is the type of evidence used to show mensrea — “guilty mind.” He did not take action to stop the violence.”.
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