Comment by TheOtherHobbes

I've never understood why this is taken seriously. Law has clear concepts of bad faith and mens rea, and this implies they're irrelevant.

Of course it's unproductive to start from assumptions of bad faith, which is a fair point. Bad faith requires evidence of intent, stupidity doesn't.

But there are still situations where bad faith is a reasonable hypothesis to test. And some negative actors are clever enough to operate deliberately inside a zone of plausible deniability.