Interesting thread about whether Kavanaugh committed perjury w/r/t the files stolen from Senate Dems in the early 2000s. A criminal defense lawyer could make a very strong case against perjury, a charge that requires great precision. BUT... 1/ @gelbach @DavidLat @jadler1969https://twitter.com/gelbach/status/1038163689222889472 …
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I'm not even making political point. I've been around block enough times to assume that none of this matters politically. But this particular answer is very troubling to me, in that he went out of his way to mislead. (Note that he wasn't even asked whether he received memos.)
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I agree with
@imillhiser. If the docs had been handled normally, Kav could have tried to explain, perhaps as you suggest@DavidLat. To the extent this process is unfair to him b/c he can’t explain himself, that is the fault of the Rs, not the Ds. -
One email literallly says spying
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As I understand the defense of him on this point, it is that he might reasonably have believed that the materials were given to the Republican side voluntarily, by a spy on the Democratic side. Thus the material wouldn't have been stolen as such. Too lawyerly for me, to be sure.
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So the bank robber voluntarily gave the money to an intermediary....so you know the money was stolen....
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Information is not money. Look, I'm troubled by the way this has gone down. Your points are good ones. People probably should make them rather than talking about perjury.
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Yes in a literal sense..it was an analogy. He had info that he actually knew he shouldn't have or there was strong circumstantial evidence of the fact.... Yeah they didnt hand him the literal memo but that seems like a distinction that's not a meaningful difference.
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