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DavidLat's profile
David Lat
David Lat
David Lat
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@DavidLat

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David LatVerified account

@DavidLat

Lawyer turned writer, editor, and speaker. Founder, Above The Law (@ATLblog) and Underneath Their Robes. Author, Supreme Ambitions: A Novel (@SCOTUSambitions).

New York, NY
bit.ly/DavidLat
Joined April 2008

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    1. David Lat‏Verified account @DavidLat Sep 6

      David Lat Retweeted Above the Law

      I'm no longer managing editor at @ATLblog (just a contributor), so I'm going to use tweets to respond to this "perjury" argument of @ElieNYC (also raised by @WashingtonPost reporting & @nycsouthpaw, among others.) #SCOTUS #KavanaughHearingshttps://twitter.com/atlblog/status/1037762280874749952 …

      David Lat added,

      Above the LawVerified account @atlblog
      Brett #Kavanugh perjured himself before Congress in 2006. If that's not enough to stop his confirmation, it should be enough to start his Impeachment from the D.C. Circuit, starting tomorrow if Dems can get it together. (by @ElieNYC) https://abovethelaw.com/2018/09/brett-kavanaugh-perjured-himself-impeachment/ …
      124 replies 607 retweets 1,044 likes
      Show this thread
    2. David Lat‏Verified account @DavidLat Sep 6

      1. The key issue here is CONTEXT. The quotations by Kavanaugh that people are fixating on must be read in light of the entire 2004 hearing transcript, which is available here: http://bit.ly/2M3VIUv  - #SCOTUS #KavanaughHearings

      7 replies 83 retweets 273 likes
      Show this thread
    3. David Lat‏Verified account @DavidLat Sep 6

      2. A crucial background fact: at the @WhiteHouse, different lawyers in the Counsel's Office get different circuit courts as their portfolios when it comes to nominations. See, e.g., here (noting Cheryl Stanton handling the 5th Cir.):http://bit.ly/2NTfm7k 

      1 reply 53 retweets 192 likes
      Show this thread
    4. David Lat‏Verified account @DavidLat Sep 6

      3. At Kavanaugh's 2004 hearing (Elie erroneously says it was 2006), in response to Senator Ted Kennedy, Kavanaugh explained that Bill Pryor's 11th Cir. nomination wasn't in Kavanaugh's portfolio: "not... assigned to me,""not one... I worked on personally."pic.twitter.com/slYE251Rsn

      4 replies 53 retweets 209 likes
      Show this thread
    5. David Lat‏Verified account @DavidLat Sep 6

      4. Later in the same colloquy, Kavanaugh restated the point in slightly different words: "the way the work is divvied up, that wasn't one of the ones I" (and then he was cut off, but presumably he would have said something like "assigned" or "given"). #SCOTUSpic.twitter.com/dg6Et7rKOT

      2 replies 49 retweets 187 likes
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    6. David Lat‏Verified account @DavidLat Sep 6

      5. Sandwiched in between these two perfectly clear explanations is the language that @ElieNYC, @nycsouthpaw and others fixate on: "I was not involved in handling [Pryor's] nomination."pic.twitter.com/mIUiYEb2ai

      4 replies 52 retweets 187 likes
      Show this thread
      David Lat‏Verified account @DavidLat Sep 6

      6. Yes, Kavanaugh could have been more precise. But read in context, in light of statements he made immediately before & after, it's clear that all he was saying was that the Pryor nom/11th Cir. wasn't under his official @WhiteHouse purview.

      2:41 PM - 6 Sep 2018
      • 67 Retweets
      • 283 Likes
      • Every Woman’s Sky Mark Rhodes JR Thatcher Resistance is Futile 🇺🇸 Paul Carbone Josh Ferdelman Dylan O. Drummond Becka🐝🐝 Chance Gardener
      7 replies 67 retweets 283 likes
        1. New conversation
        2. David Lat‏Verified account @DavidLat Sep 6

          7. The "not involved" statement that Kavanaugh's critics rip out of context CANNOT be fairly read as a blanket denial of any and all involvement, especially based on other testimony given by Kavanaugh in the very same colloquy.

          8 replies 65 retweets 288 likes
          Show this thread
        3. David Lat‏Verified account @DavidLat Sep 6

          8. Kavanaugh explicitly ADMITTED, for example, that he might have attended a moot session for Pryor, and/or read & discussed news articles about the Pryor nom (but understandably didn't want to go into detail about @WhiteHouse internal deliberations).pic.twitter.com/K9nOo4uf2X

          7 replies 51 retweets 219 likes
          Show this thread
        4. David Lat‏Verified account @DavidLat Sep 6

          9. Even if you want to over-read the "not involved" line, perjury requires specific intent to mislead - which Kavanaugh obviously did not have, having ADMITTED to at least SOME involvement with the Pryor nom.https://www.justice.gov/usam/criminal-resource-manual-1747-elements-perjury-specific-intent …

          11 replies 54 retweets 283 likes
          Show this thread
        5. David Lat‏Verified account @DavidLat Sep 6

          10. So, in conclusion, this "perjury" argument is without merit -- an unfair and unfounded attack against Judge Kavanaugh. Vote against him if you disagree with his jurisprudence, fine -- but please don't slander him. Thanks. #SCOTUS #KavanaughHearings

          90 replies 337 retweets 1,247 likes
          Show this thread
        6. David Lat‏Verified account @DavidLat Sep 7

          David Lat Retweeted David Lat

          P.S. I have done two additional threads on "perjury" allegations related to #Memogate and NSA surveillance: 1. Memogate: https://twitter.com/DavidLat/status/1037928034224033792 … 2. NSA surveillance:https://twitter.com/DavidLat/status/1038195699513520129 …

          David Lat added,

          David LatVerified account @DavidLat
          THREAD. "Perjury" claims against Judge Brett Kavanaugh re: NSA surveillance. 1. I've done long threads on claims that Kavanaugh "perjured" himself re: Pryor & #Memogate. This thread will be shorter. #SCOTUS #KavanaghHearing #KavanaughConfirmationHearings
          Show this thread
          27 replies 55 retweets 125 likes
          Show this thread
        7. David Lat‏Verified account @DavidLat Sep 8

          David Lat Retweeted David Lat

          P.P.S. More tweets on the "perjury" claims: 3. Pickering: https://twitter.com/DavidLat/status/1038617313933750273 … 4. Addressing "OK, maybe he didn't commit perjury, but wasn't he misleading/incomplete/not totally forthcoming? Shouldn't we demand more for #SCOTUS?"https://twitter.com/DavidLat/status/1038630129025646593 …

          David Lat added,

          David LatVerified account @DavidLat
          THREAD, re: this frequently raised point: "OK, maybe Judge Kavanaugh didn't commit perjury. But wasn't his testimony misleading/incomplete/not totally forthcoming? Shouldn't we demand more for #SCOTUS?" #KavanaughHearings #KavanaughConfirmationHearings
          Show this thread
          7 replies 12 retweets 33 likes
          Show this thread
        8. End of conversation
        1. GrouchoGlasses‏ @GrouchoGlasses Sep 6
          Replying to @DavidLat @WhiteHouse

          GrouchoGlasses Retweeted southpaw

          https://mobile.twitter.com/nycsouthpaw/status/1037738775156326403 …

          GrouchoGlasses added,

          southpaw @nycsouthpaw
          "In particular, we should perhaps think about recommending Bill Pryor for CA11" - Brett Kavanaugh pic.twitter.com/LKtoxFgFjG
          Show this thread
          0 replies 0 retweets 2 likes
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        1. Citizenmdg‏ @Clancy_Dew Sep 9
          Replying to @DavidLat @WhiteHouse

          If he can't or won't be precise and thoughtful now he cannot be trusted to do so in the future. However, imo he didn't misspeak. He lied.

          0 replies 0 retweets 1 like
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        1. New conversation
        2. Maquisard‏ @athenazowl Sep 7
          Replying to @DavidLat @WhiteHouse

          That's actually not clear at all. You are forcing that meaning but it's not the most natural one, & he likely did have the intent to mislead

          1 reply 0 retweets 1 like
        3. Maquisard‏ @athenazowl Sep 7
          Replying to @athenazowl @DavidLat @WhiteHouse

          In any case the absolute best case scenario is he made incorrect misleading statements

          0 replies 0 retweets 0 likes
        4. End of conversation
        1. David Floren‏ @TheDavidFloren Sep 9
          Replying to @DavidLat @WhiteHouse

          It's clear that he said "I wasn't involved" which clearly means he meant to say he had nothing, and I mean nothing, to do with the nomination. Which, as we all know now was not true. Context be damned because "I wasn't involved" is so clear and absolute on it's face.

          0 replies 0 retweets 0 likes
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        1. Vote Early. Beat Nov 6 Rush!‏ @elindburg Sep 8
          Replying to @DavidLat @WhiteHouse

          So David, how many angels can dance on the head of a pin?

          0 replies 0 retweets 0 likes
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        1. larry israel‏ @larryisrael2 Sep 8
          Replying to @DavidLat @WhiteHouse

          He never used the word official. He said he didn’t work on it and was not involved. Had he said official he would have been pressed on the meaning. You should not use official if he didn’t.

          0 replies 0 retweets 0 likes
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