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
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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
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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
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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
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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.7 replies 67 retweets 283 likesShow this thread -
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.
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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
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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 …
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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#KavanaughHearings90 replies 337 retweets 1,247 likesShow this thread -
Replying to @DavidLat
David are you claiming that Kavanaugh didn't mislead the committee on his receipt of purloined documents from
#SenateJudiciarySpying? To me there seems to be little ability to explain hat issue -- even if one embraces your parsing of terminology vis a vis Pryor. Cc:@jeffhauser1 reply 0 retweets 7 likes
David Lat Retweeted SuperDuperHat
Here's my thread on that - https://twitter.com/DavidLat/status/1037928034224033792 … - and see also this from @Popehat - https://twitter.com/Popehat/status/1038108259792519173 … - #SCOTUS #KavanaghHearing #KavanaughConfirmationHearings
David Lat added,
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Theres real integrity issue here. When Gore campaign in 2000 got improper materials from Dubyas debate prep team they turned it over to FBI & recused Chris Lehane from debate prep. Most charitable interpretation of Kavanaugh on
#memogate is hear no evil see no evil speak no evil1 reply 0 retweets 7 likes -
Replying to @Dsquared75 @DavidLat and
Kavanaugh either knew or should have known that these were marked confidential and by all rights should not have been in their hands or used by them. This doesn't reflect well on his ethics or integrity, even if it is perhaps <barely> legal
1 reply 0 retweets 7 likes - 1 more reply
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