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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 8

      THREAD, re: this frequently raised point: "OK, maybe Judge Kavanaugh didn't commit perjury. But wasn't his testimony misleading/incomplete/not totally forthcoming? Shouldn't we demand more for #SCOTUS?" #KavanaughHearings #KavanaughConfirmationHearings

      5 replies 30 retweets 47 likes
      Show this thread
    2. David Lat‏Verified account @DavidLat Sep 8

      1. At the outset, thanks to everyone for their thoughtful engagement with my tweets evaluating the "perjury" claims against Kavanaugh, which I deeply appreciate (even -- or especially -- when folks disagree with me). Sorry I can't respond to all individually.

      1 reply 3 retweets 17 likes
      Show this thread
      David Lat‏Verified account @DavidLat Sep 8

      2. The Kavanaugh testimony being evaluated for truthfulness comes from his judicial confirmation hearings -- in 2004 and in 2006, for the D.C. Circuit, and last week, for #SCOTUS. One needs to keep this important fact in mind at all times.

      8:28 PM - 8 Sep 2018
      • 3 Retweets
      • 7 Likes
      • CustomZaku Dillon Lisa K. Langlois cindy h Chris Persnickety James DeLong
      1 reply 3 retweets 7 likes
        1. New conversation
        2. David Lat‏Verified account @DavidLat Sep 8

          3. In an ideal world, perhaps judicial confirmation hearings would be cooperative searches for truth and consensus, where both sides would be as honest, open, and expansive as possible. In the real world, in 2018, they are bloodsport.

          2 replies 5 retweets 23 likes
          Show this thread
        3. David Lat‏Verified account @DavidLat Sep 8

          4. I compare confirmation hearings to depositions. Lawyers who prepare deposition witnesses advise them to tell the truth - you're under oath - but don't say more than is necessary and don't volunteer anything, especially if it's bad for your side.

          2 replies 3 retweets 18 likes
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        4. David Lat‏Verified account @DavidLat Sep 8

          5. The common deposition prep advice: if opposing counsel asks "can you tell me what time it is," you say "yes."

          2 replies 10 retweets 25 likes
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        5. David Lat‏Verified account @DavidLat Sep 8

          6. So at his confirmation hearings, Judge Kavanaugh was under no obligation to volunteer info, give expansive answers, help Democratic senators gather ammo to attack him, or set himself on fire. Judge Robert Bork did that, and look what happened to him.

          3 replies 7 retweets 25 likes
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        6. David Lat‏Verified account @DavidLat Sep 8

          7. If Kavanaugh gave unduly narrow or incomplete answers, it was the job of @SenJudiciary Democrats to act like lawyers taking depos - press the witness, probe more deeply, rephrase again & again, show the witness more docs - until you get what you want.

          6 replies 4 retweets 16 likes
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        7. David Lat‏Verified account @DavidLat Sep 8

          8. It was not Kavanaugh's job to make their case for them. He had no duty to say, e.g., "Oh, you want to go after me for my involvement with Pryor & Pickering? Well, let me tell you just how incredibly involved I was, so you can nail me to the wall for it!"

          1 reply 3 retweets 13 likes
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        8. David Lat‏Verified account @DavidLat Sep 8

          9. In a better world, sure, maybe Kavanaugh would try to help the senators find out exactly what they were looking for. But in that better world, the senators wouldn't be trying to play a game of "gotcha" in order to derail his nomination.

          2 replies 8 retweets 23 likes
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        9. David Lat‏Verified account @DavidLat Sep 8

          10. To sum up, Judge Kavanaugh's only duty was to testify truthfully - no more, no less. As I've argued in my prior threads, he did just that. #SCOTUS #KavanaughHearings #KavanaughConfirmation #KavanaughConfirmationHearing #KavanaughConfirmationHearings

          6 replies 6 retweets 27 likes
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        10. David Lat‏Verified account @DavidLat Sep 8

          David Lat Retweeted David Lat

          In case you missed them, here are my prior evaluations of the Kavanaugh "perjury" claims: 1. Pryor: https://twitter.com/DavidLat/status/1037818136349814784 … 2. Memogate: https://twitter.com/DavidLat/status/1037928034224033792 … 3. NSA surveillance: https://twitter.com/DavidLat/status/1038195699513520129 … 4. Pickering:https://twitter.com/DavidLat/status/1038617313933750273 …

          David Lat added,

          David LatVerified account @DavidLat
          Some have asked about the Pickering "perjury" claim. No long thread necessary; to state the claim is to refute it. Read my Pryor thread, then read this summary of the Pickering claim from @MotherJones (no Kavanaugh cheerleaders). #SCOTUS #KavanaughHearings pic.twitter.com/guoyNGm0GR
          5 replies 17 retweets 19 likes
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        11. End of conversation

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