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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

      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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    2. 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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    3. 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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    4. 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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    5. 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

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    6. 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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    7. 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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    8. 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
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    9. 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?

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    10. 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
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      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

      9:58 PM - 6 Sep 2018
      • 46 Retweets
      • 135 Likes
      • Jonathan H. Adler Theodore Tardis Joseph V. Moreno Alexander Hughes Holtz Eleanor Of Aquitaine 🇺🇸 US Armor University-4 Deplorable George
      15 replies 46 retweets 135 likes
        1. 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
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        2. Resistance is Futile  🇺🇸‏ @S80728116 Sep 7
          Replying to @DavidLat

          Weird. It’s almost like @ElieNYC can’t look at things like this objectively.

          1 reply 0 retweets 2 likes
        3. David Lat‏Verified account @DavidLat Sep 7
          Replying to @S80728116 @ElieNYC

          In fairness, none of us is totally objective; we all bring our own biases to the table. I try my best to try and view things objectively, but I acknowledge my own "priors."

          0 replies 0 retweets 5 likes
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        2. AnnabellDec‏ @annabell_dec Sep 7
          Replying to @DavidLat

          By 2004 he knew the provenance of Miranda’s documents. To cover it up, he claimed under oath to never having RECEIVED them. That was a lie. He knew it was a lie. He said it anyway.

          1 reply 0 retweets 3 likes
        3. ReidDA‏ @ReidDA Sep 7
          Replying to @annabell_dec @DavidLat

          Bingo. Read the transcriptpic.twitter.com/cqhGtOgTW6

          0 replies 0 retweets 1 like
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        2. Impunitarium‏ @impunitarium Sep 7
          Replying to @DavidLat

          This argument leads to being sold a very fine bridge. It’s the duty of every professional to act ethically and be cognizant of being involved in any potentially unethical behavior. It being “common” is irrelevant. It shows a lack of due care at the very best.

          1 reply 0 retweets 2 likes
        3. James Downing‏ @Skyblade12 Sep 7
          Replying to @impunitarium @DavidLat

          No professional can afford to investigate every email or communication they receive.

          2 replies 0 retweets 0 likes
        4. Impunitarium‏ @impunitarium Sep 7
          Replying to @Skyblade12 @DavidLat

          No professional has to. Not even close. Assuming you are an ethical professional that works with other ethical people, when something comes across your desk that is “not like the others”, you can tell instantly, it trips alarms and raises questions which you have a duty to ask.

          0 replies 0 retweets 1 like
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        1. Sunny‏ @Krieger882626 Sep 6
          Replying to @DavidLat

          So impressed with Kavanaugh. Incredibly sincere and thoughtful. Many Trump supporters are social liberals, and knew from the beginning Trump was a New Yorker, not a neocon conservative. Relieved Kavanaugh and his wife ran from White House on 9/11 vs. being in on the TREASON.

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        1. TRay‏ @Harrymeanwell4 Sep 7
          Replying to @DavidLat

          Is the an email asking where these came from? A person with integrity and honesty would ask where a democrat memo can from right? Or not-better angels is the DC norm? Sounds dubious.✌🏽🇺🇸

          0 replies 0 retweets 1 like
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        2. Romancing the Nope‏ @RomancingNope Sep 7
          Replying to @DavidLat

          I will give you the former, but to say he wouldn't have been able to put 2 and 2 together later on is bullshit. If he wasn't able to piece it together when it was a major national scandal & he had behind the scenes context, he's not smart enough to be on the Supreme Court.

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        2. ALRMCoug‏ @ALRMCoug Sep 9
          Replying to @DavidLat

          Since "lying" requires knowledge, I think this turns on two things. 1. Did he even read these emails? Having done some work in D.C. I know someone in his position would get thousands of emails today. Could have easily fallen through the cracks. A reply would show he did.

          1 reply 0 retweets 0 likes
        3. ALRMCoug‏ @ALRMCoug Sep 9
          Replying to @ALRMCoug @DavidLat

          2. How prominent was the Miranda issue during 2004 and 2006 hearings? Was it important enough for him to be expected to read through all his past emails on the subject to prep for his testimony? If a minor issue, not reasonable to expect that he would.

          0 replies 0 retweets 0 likes
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        1. Vaughn Sandman‏ @ThanksMrSandman Sep 8
          Replying to @DavidLat

          Seems to me there is a lot of evidence he VERY CAREFULLY AVOIDED having any knowledge of where this material came from, which isn't perjury but suggest poor ethics and criminal intent.

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        1. ReidDA‏ @ReidDA Sep 7
          Replying to @DavidLat

          Your point only makes sense if you only focus on him knowing the documents were “stolen” that’s specifically not what he was asked in 2004pic.twitter.com/lYveiwzaal

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        1. Cbats‏ @seebats Sep 7
          Replying to @DavidLat

          I'll buy he didnt know they were stolen when he received them but you're asking a lot when you argue he didn't lie in conformation hearings after the scandal had broken. You say "without the benefit of hindsight" a lot but he had that benefit at the hearings.

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        1. Baba O'Reilly  🥦 🥑  🏴󠁧󠁢󠁥󠁮󠁧󠁿‏ @WhiteTire67 Sep 7
          Replying to @DavidLat

          Excellent research. I admire the thoughtful and comprehensive effort put into this. The mere fact this topic is even discussed means Kavanaugh is OK with the "gray area" of ethics. We should be nowhere near a discussion like this.

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        2. Joe's Sweater‏ @JoesSweater Sep 7
          Replying to @DavidLat

          What about when he testified after Miranda’s actions were made public that he never received the stolen info? Hard to say he couldn’t have known by that point, right?

          1 reply 0 retweets 0 likes
        3. Tom‏ @flyers1270 Sep 8
          Replying to @JoesSweater @DavidLat

          Point right over your head. They weren’t stolen to begin with

          1 reply 0 retweets 0 likes
        4. Joe's Sweater‏ @JoesSweater Sep 9
          Replying to @flyers1270 @DavidLat

          So, like, it’s not perjury because you asked me about “stolen” memos and these memos weren’t technically stolen, just taken without the permission or knowledge of the owner? Sure, Jan.

          1 reply 0 retweets 0 likes
        5. Tom‏ @flyers1270 Sep 9
          Replying to @JoesSweater @DavidLat

          None of which was known..it was apparently a shared server. This is a big a reach as Russian collusion.

          0 replies 0 retweets 0 likes
        6. End of conversation

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