Intent is not a judiciary negotiable point demonstrated in the actual law. NOT ANYWHERE. It’s not a negotiable point even for congress since the law FROM CONGRESS delegates 100% of this decision to the President,
The judges ask the question to establish the IMAGERY of an “I gotcha!” They know the lawyers and the executive branch cannot disclose classified information. When the lawyers refuse to answer the question of threat level or intent on that basis, the judges pronounce “see, I told you so that it was for racist purposes!” The judges should know they have no business asking that question as it is not a factor in the law’s text.