During the May hearing on whether or not to grant a preliminary injunction against the enforcement of the law, Forrest (an Obama appointee) asked the Attorney General’s lawyers to give some definition to the terms that Hedges, et al object to.
The transcript of the hearing reads as follows:
Judge: Give me an example. Tell me what it means to substantially support associated forces.
Government: I’m not in a position to give specific examples.
Judge: Give me one.
Government: I’m not in a position to give one specific example.
Shortly thereafter, Judge Forrest asked again: What does ‘directly supported’ mean?
Government: We have not said anything about that in our brief.
Judge: What do you think it means?
Government: . . . Your Honor, we had focused so much on the phrase that was challenged by the plaintiffs, ‘substantial support’ that I have not thought through exactly and we have not come to a position on what ‘direct support’ [*40] and what that means.
The Appeals Court
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