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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 7

      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

      6 replies 51 retweets 83 likes
      Show this thread
    2. David Lat‏Verified account @DavidLat Sep 7

      David Lat Retweeted David Lat

      2. Those two prior threads were long not because the claims have any merit, but just because I tried to go through all the evidence in methodical fashion. Thread #1 (Pryor): https://twitter.com/DavidLat/status/1037818136349814784 … Thread #2 (Memogate):https://twitter.com/DavidLat/status/1037928034224033792 …

      David Lat added,

      David LatVerified account @DavidLat
      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
      Show this thread
      1 reply 3 retweets 19 likes
      Show this thread
    3. David Lat‏Verified account @DavidLat Sep 7

      3. The shortest refutation of the NSA claim: read the last ten (10) paragraphs of this article by @Charlie_Savage of @NYTimes - which is a news article, not an opinion piece, from a publication that's far from pro-Kavanaugh. The End.https://nyti.ms/2Ctpfak 

      1 reply 4 retweets 18 likes
      Show this thread
      David Lat‏Verified account @DavidLat Sep 7

      4. Still here? Okay, if you're not behind the @NYTimes paywall or too lazy to read ten paragraphs, here's a longer version.

      3:41 PM - 7 Sep 2018
      • 3 Retweets
      • 12 Likes
      • Agnes B. Bullock ❌ rmack2x Stormy Sessions 🌊🌵🇺🇸 Pray for Judge Kavanaugh Steadicam 𝔬𝔣 𝔱𝔥𝔢 𝔇𝔢𝔞𝔡 🧟‍♂️ Adam Kleinfeld Slough of Despond
      1 reply 3 retweets 12 likes
        1. New conversation
        2. David Lat‏Verified account @DavidLat Sep 7

          5. At Kavanaugh's 2006 confirmation hearing, @SenatorLeahy asked whether Kavanaugh had seen, in his role as @WhiteHouse Staff Secretary, docs about "the president’s N.S.A. warrantless wiretapping program.” Transcript: http://bit.ly/2MWxm4p .

          1 reply 5 retweets 13 likes
          Show this thread
        3. David Lat‏Verified account @DavidLat Sep 7

          6. Kavanaugh: "Senator, I learned of that program when there was a New York Times story." The program, code-named "Stellarwind," was revealed by @NYTimes in 12/05: https://nyti.ms/2QaVoX8 .

          1 reply 6 retweets 14 likes
          Show this thread
        4. David Lat‏Verified account @DavidLat Sep 7

          7. Citing this 9/17/01 email from Kavanaugh to John Yoo, asking about results of research into the 4th Amendment and surveillance, @SenatorLeahy argues that Kavanaugh's 2006 testimony was false:pic.twitter.com/ZtQp4mFysZ

          1 reply 5 retweets 12 likes
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        5. David Lat‏Verified account @DavidLat Sep 7

          8. What was the 9/17/01 email about? Per the Times, it related to a 9/17/01 memo by Jonn Yoo to Timothy Flanagan, then deputy @WhiteHouse counsel, entitled "Constitutional Standards on Random Electronic Surveillance for Counter-Terrorism Purposes."

          1 reply 5 retweets 11 likes
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        6. David Lat‏Verified account @DavidLat Sep 7

          9. The 9/17/01 Yoo-to-Flanagan memo and the 9/17/01 Kavanaugh-to-Yoo email, per the Times (but emphasis mine), "explored a HYPOTHETICAL warrantless surveillance program" -- i.e., NOT the subsequent actual program, Stellarwind.

          2 replies 7 retweets 19 likes
          Show this thread
        7. David Lat‏Verified account @DavidLat Sep 7

          10. Yes, some of the 9/17/01 research eventually made its way into #Stellarwind authorization -- but Kavanaugh wasn't privy to that, since he was no longer in the loop at that point.

          1 reply 4 retweets 16 likes
          Show this thread
        8. David Lat‏Verified account @DavidLat Sep 7

          11. Why? Because as Yoo explained to @NYTimes, “Kavanaugh was not cleared to know about Stellarwind or any other counterterrorism surveillance program that I worked on while at @TheJusticeDept."https://nyti.ms/2Ctpfak 

          1 reply 5 retweets 22 likes
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        9. David Lat‏Verified account @DavidLat Sep 7

          12. See also @Neal_Katyal (liberal lawyer and former Acting Solicitor General under President Obama): "Leahy suggesting J. Kavanaugh knew about NSA wiretapping earlier than he testified in 2006 that he did. This is going to be easy to verify."

          1 reply 3 retweets 14 likes
          Show this thread
        10. David Lat‏Verified account @DavidLat Sep 7

          David Lat Retweeted Neal Katyal

          13. Why? Per Katyal: "There is always a record of everyone read into highly classified SCI programs & you even have to sign a ledger."https://twitter.com/neal_katyal/status/1037364512901554177 …

          David Lat added,

          Neal KatyalVerified account @neal_katyal
          Sen. Leahy suggesting J. Kavanaugh knew about NSA wiretapping earlier than he testified in 2006 that he did. This is going to be easy to verify: There is always a record of everyone read into highly classified SCI programs and you even have to sign a ledger.
          1 reply 3 retweets 15 likes
          Show this thread
        11. David Lat‏Verified account @DavidLat Sep 7

          14. As already noted, Kavanaugh was not "read into" Stellarwind, and his signature does not appear in the ledger. His 2006 testimony was accurate; he did not see "docs about 'the president’s N.S.A. warrantless wiretapping program'" prior to the Times story.

          1 reply 7 retweets 21 likes
          Show this thread
        12. David Lat‏Verified account @DavidLat Sep 7

          15. One other point, made by @RajShah45 this week: the 2006 questions related to what docs Kavanaugh had seen "as staff secretary,” a role Kavanaugh didn't assume until 2003 - i.e., well after the 9/17/01 email and memo traffic.

          1 reply 3 retweets 12 likes
          Show this thread
        13. David Lat‏Verified account @DavidLat Sep 7

          16. What about Kavanaugh's latest testimony, in his #SCOTUS confirmation hearings? This week, @SenatorLeahy posed different, more general questions.

          1 reply 5 retweets 10 likes
          Show this thread
        14. David Lat‏Verified account @DavidLat Sep 7

          17. This time around, @SenatorLeahy pressed Kavanaugh "to say whether he had ever raised questions 'about the constitutional implications of a warrantless surveillance program' with Mr. Yoo in 2001," per @NYTimes.https://nyti.ms/2Ctpfak 

          1 reply 4 retweets 13 likes
          Show this thread
        15. David Lat‏Verified account @DavidLat Sep 7

          18. Kavanaugh said that "he could not 'rule anything out like that,' allowing that in the early days after [9/11], White House lawyers worked on many things before regular assignments were sorted out. But, he said, his answer in 2006 was about [Stellarwind]."

          1 reply 3 retweets 12 likes
          Show this thread
        16. David Lat‏Verified account @DavidLat Sep 7

          19. So Kavanaugh's 2006 testimony was accurate; he didn't see Stellarwind docs because he wasn't authorized to do so. When asked a broader question this week about whether he had discussed surveillance more generally, he said he "couldn't rule it out."

          1 reply 5 retweets 17 likes
          Show this thread
        17. David Lat‏Verified account @DavidLat Sep 7

          20. Far from constituting "perjury," Judge Brett Kavanaugh's testimony about NSA warrantless wiretapping/surveillance, in both 2006 and 2018, was truthful, accurate, and complete. #SCOTUS #KavanaughHearings #KavanaughConfirmationHearings

          6 replies 25 retweets 48 likes
          Show this thread
        18. End of conversation

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