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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

      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
      Show this thread
    2. 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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    3. 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
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    4. 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.

      4 replies 13 retweets 53 likes
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    5. 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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    6. 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
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    7. 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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    8. 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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    9. 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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    10. Jeff Hauser‏Verified account @jeffhauser Sep 7
      Replying to @DavidLat @GameOfThrones

      This is not true.

      1 reply 0 retweets 1 like
      David Lat‏Verified account @DavidLat Sep 7
      Replying to @jeffhauser @GameOfThrones

      David Lat Retweeted SuperDuperHat

      I recognize your superior Capitol Hill knowledge, Jeff - but I still don't think the high standards for perjury have been met (see, e.g., @Popehat - https://twitter.com/Popehat/status/1038108259792519173 …). It's more fair to vote against K for jurisprudential rather than personal grounds.

      David Lat added,

      SuperDuperHat @Popehat
      Oh hai. For a lawsplainer, let's talk a bit about perjury and obstruction of justice, in the context of sworn testimony that's allegedly untrue. What? No. No reason. Just because. /1
      Show this thread
      11:30 AM - 7 Sep 2018
      1 reply 0 retweets 0 likes
        1. New conversation
        2. Jeff Hauser‏Verified account @jeffhauser Sep 7
          Replying to @DavidLat @GameOfThrones @Popehat

          Not all of the possible evidence is yet known until Archivist completes review. To the extent to which the standard re Kavanaugh honesty is pseudo-legal, the standard is either indictment or search warrant/hold up process until archives released, not conviction. (1/2)

          1 reply 0 retweets 1 like
        3. Jeff Hauser‏Verified account @jeffhauser Sep 7
          Replying to @jeffhauser @DavidLat and

          But I disagree that Kavanaugh's character is irrelevant given his partisan history re Starr, Memogate, etc... is irrelevant when the president who appointed him seems likely to have cheated in attaining that office & numerous cases about that are going to head to SCOTUS. (2/2)

          0 replies 0 retweets 1 like
        4. End of conversation

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