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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

      THREAD. 1. After I refuted "perjury" claims against Judge Kavanaugh re: his testimony on the Pryor nomination, some asked about the claim that Kavanaugh perjured himself re: #Memogate. So here goes. #SCOTUS #KavanaughHearings #KavanaughConfirmationHearings

      50 replies 287 retweets 479 likes
      Show this thread
    2. David Lat‏Verified account @DavidLat Sep 6

      2. The #Memogate scandal involved allegedly stolen files from @SenJudiciary Democratic staff. I follow @jadler1969 in calling them "allegedly stolen" (http://bit.ly/2oOzNra ) because Republican ex-staffer Manuel Miranda was never criminally charged.

      4 replies 20 retweets 64 likes
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    3. David Lat‏Verified account @DavidLat Sep 6

      3. If you don't recall the #Memogate scandal - I can't blame you, it dates back to 2001 - read @charlie_savage (https://nyti.ms/2CpkkHq ), or @jadler1969 (http://bit.ly/2oOzNra ), or @KimberlyRobinsn & @PatrickGregry (http://bit.ly/2NTwDNF ).

      2 replies 15 retweets 57 likes
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    4. David Lat‏Verified account @DavidLat Sep 6

      4. Another reason to put "stolen" in quotes is because no hacking took place. The files were on a shared server - Repubs could access Dem files, and vice versa - so the "stealing" was really exploiting a glitch. But legality aside, it was unethical and wrong.

      17 replies 17 retweets 81 likes
      Show this thread
      David Lat‏Verified account @DavidLat Sep 6

      5. At his 2004 and 2006 confirmation hearings, and again this week, Judge Brett Kavanaugh testified that although he worked with Manny Miranda on judicial nominations, he (Kavanaugh) never knowingly received "stolen" files.

      9:58 PM - 6 Sep 2018
      • 13 Retweets
      • 53 Likes
      • liska langdon Leandros Tosko 𝕁𝕖𝕣𝕠𝕞𝕖 ℙ𝕒𝕟𝕕𝕖𝕝𝕝 MidRivers76 Walter Byrd Chris Slough of Despond Resistance is Futile 🇺🇸 Deplorable George
      4 replies 13 retweets 53 likes
        1. New conversation
        2. David Lat‏Verified account @DavidLat Sep 6

          6. Kavanaugh's critics, including @SenatorLeahy, argue that Kavanaugh knew or should have known he was getting "stolen" files - and some, such as my @ATLblog colleague @ElieNYC, even assert that Kavanaugh perjured himself (http://bit.ly/2M2uOME ).

          2 replies 13 retweets 51 likes
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        3. David Lat‏Verified account @DavidLat Sep 6

          7. There's no evidence, in recently released emails or elsewhere, showing Kavanaugh had knowledge of Miranda's acts. To the contrary, Miranda told @NYTimes & @WashingtonPost that Kavanaugh "had no knowledge." https://nyti.ms/2CpkkHq ,https://wapo.st/2wSXnHs 

          3 replies 32 retweets 81 likes
          Show this thread
        4. David Lat‏Verified account @DavidLat Sep 6

          8. Lacking evidence, some have speculated Kavanaugh MUST have known. @SenatorLeahy tweeted out several emails to support this claim. But if you view the individual emails, fairly and without applying hindsight, they don't quite get there.

          1 reply 18 retweets 62 likes
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        5. David Lat‏Verified account @DavidLat Sep 6

          9. Here's the worst email, subject line "spying," in which Miranda mentions "a friend who is a mole for us on the left." But far from proving Kavanaugh knew of theft, Email #1 suggests he was told the opposite: a Dem staffer was voluntarily sharing info.pic.twitter.com/3oGTcFre4r

          12 replies 29 retweets 72 likes
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        6. David Lat‏Verified account @DavidLat Sep 6

          10. In the gossipy, intrigue-filled, often backstabbing worlds of Capitol Hill and D.C., having "moles" in different camps is common (cf. @GameOfThrones). While some might view this as sleazy or unsavory, it's neither uncommon nor illegal.

          14 replies 16 retweets 70 likes
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        7. David Lat‏Verified account @DavidLat Sep 6

          11. Email #2 is even less incriminating. Miranda passes along info about what the @SenJudiciary Dems are up to, but it sounds like it could easily have been gleaned through backchanneling, Capitol Hill gossip, etc.pic.twitter.com/2f8rrTqpUS

          1 reply 12 retweets 44 likes
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        8. David Lat‏Verified account @DavidLat Sep 6

          12. The subject line says "highly confidential." As @EdWhelanEPPC tweeted, "Leahy pretends that memo marked 'highly confidential' means that K must have known source. Because we all know that no one in D.C. overmarks things as confidential."pic.twitter.com/nyjaC8EGtB

          2 replies 12 retweets 47 likes
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        9. David Lat‏Verified account @DavidLat Sep 6

          13. Email #3. Read it without the benefit of hindsight, i.e., not knowing about #Memogate. Would YOU know from the face of this email that Republican @SenJudiciary staffers were improperly accessing Democratic staffers' files through a shared server?pic.twitter.com/XKGcrmdY6t

          3 replies 13 retweets 48 likes
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        10. David Lat‏Verified account @DavidLat Sep 6

          14. Email #4. Yet again, there's no indication that this info was improperly obtained. With the benefit of hindsight, maybe Kavanaugh SHOULD have interrogated Miranda on how he got such detailed info - but that's a far cry from actual knowledge of theft.pic.twitter.com/5lCFedBxZC

          7 replies 10 retweets 39 likes
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        11. David Lat‏Verified account @DavidLat Sep 6

          15. Email #5 from @SenatorLeahy's Twitter feed, which makes much of the "not [for] distribution" subject line. But just because something is marked "not for distribution" doesn't mean it was stolen; it might be so marked for any number of reasons.pic.twitter.com/o61MPx3TGH

          2 replies 9 retweets 40 likes
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        12. David Lat‏Verified account @DavidLat Sep 6

          16. Leahy's tweet also claims this email was "8 pages of material taken VERBATIM from my files." But how was Kavanaugh to have known that, since he didn't do the improper accessing? The memo simply presents the info as "Points they [Democrats] make."pic.twitter.com/HiIFrZFuW5

          6 replies 11 retweets 41 likes
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        13. David Lat‏Verified account @DavidLat Sep 6

          17. This week, Judge Kavanaugh was asked about another email he received, containing a draft letter by @SenJudiciary Democrats - but his response at the time, asking "Who signed this?", shows he didn't realize it was a draft.http://bit.ly/2Q8XiHH 

          1 reply 10 retweets 39 likes
          Show this thread
        14. David Lat‏Verified account @DavidLat Sep 6

          18. I might have missed a few emails or new ones might emerge, but in each case, ask yourself: would a busy @WhiteHouse lawyer, reading & responding to numerous emails a day on many different subjects, know from the email's face that it contained stolen info?

          8 replies 10 retweets 52 likes
          Show this thread
        15. David Lat‏Verified account @DavidLat Sep 6

          19. Would it have been great if Brett Kavanaugh had figured out what Manuel Miranda was doing and reported it to the authorities (as Kavanaugh testified he would have, if he had known)? Sure. But that's hindsight.

          1 reply 11 retweets 45 likes
          Show this thread
        16. David Lat‏Verified account @DavidLat Sep 6

          20. There is no reason to believe Brett Kavanaugh knowingly received stolen information from the #Memogate scandal - and no reason to believe he lied about it, in 2004, 2006, or 2018. #SCOTUS #KavanaughHearings #KavanaughConfirmationHearings

          15 replies 46 retweets 135 likes
          Show this thread
        17. David Lat‏Verified account @DavidLat Sep 7

          P.S. I tweeted this correction earlier, but I'd like to add it to the thread for the record: as you can see from reading Email #1 (pasted again below), it came from not from Manny Miranda but from a different Senate staffer (Barbara Ledeen).pic.twitter.com/n96QLjckHX

          12 replies 14 retweets 50 likes
          Show this thread
        18. End of conversation
        1. New conversation
        2. Jeremy Stahl‏Verified account @JeremyStahl Sep 7
          Replying to @DavidLat

          He never said "knowingly." There was no qualifier. It was a flat denial. When Ted Kennedy offered such a qualifier, Kavanaugh corrected him and repeated the flat denial.pic.twitter.com/QOKfJig0hQ

          1 reply 0 retweets 0 likes
        3. David Lat‏Verified account @DavidLat Sep 7
          Replying to @JeremyStahl

          David Lat Retweeted David Lat

          I think this tweet of mine responds to this issue of having received docs or memos (knowingly or not) -https://twitter.com/DavidLat/status/1038135659830099968 …

          David Lat added,

          David LatVerified account @DavidLat
          An important point re: claims that Judge Kavanaugh "perjured" himself re: #Memogate. He didn't receive actual memos, and he had no way of knowing he had verbatim content of memos. (Yes, it sounds like a "technicality" - but technicalities matter for perjury.) https://twitter.com/MachoCamacho456/status/1038132707308462080 …
          1 reply 0 retweets 0 likes
        4. Jeremy Stahl‏Verified account @JeremyStahl Sep 7
          Replying to @DavidLat

          Depends on what the meaning of "memo" is

          1 reply 0 retweets 1 like
        5. David Lat‏Verified account @DavidLat Sep 7
          Replying to @JeremyStahl

          Ha! I'm old enough to get that reference. ;-)

          0 replies 0 retweets 0 likes
        6. End of conversation

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