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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

      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
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    2. 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.

      1 reply 3 retweets 7 likes
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    3. 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
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    4. 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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    5. 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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    6. 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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    7. 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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    8. 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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    9. 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
      Show this thread
    10. 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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      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
      8:28 PM - 8 Sep 2018
      • 17 Retweets
      • 19 Likes
      • Brian Ladouceur Jr Brady Howell 👻🇺🇸 watson 🇺🇸👻 Hayley Brown Marvin Boian Spencer George Persnickety Not Jim Ardis Varad Mehta
      5 replies 17 retweets 19 likes
        1. New conversation
        2. MA‏ @simplyaMAhzing Sep 9
          Replying to @DavidLat

          Here’s the problem with the argument that he’s simply behaving the way that, in 2018, he must: (but in good faith) his interaction with Sen. Harris about Kasowitz Benson Torres was dumb at best and stonewalling at worst.

          1 reply 0 retweets 0 likes
        3. GMAN‏ @gardedan Sep 12
          Replying to @simplyaMAhzing @DavidLat

          Where is the Sen’s proof? There is none because she made it up. It certainly perplexed him as there are 325 lawyers at the firm and he doesn’t know all the lawyers that work at the firm. Stupid and fraudulent set up.

          0 replies 0 retweets 0 likes
        4. End of conversation
        1. Rich Weinstein‏ @phillyrich1 Sep 9
          Replying to @DavidLat

          This is no different than trying to nail Jeff Sessions for lying about “meetings” with Russians when it was no more than a chance encounter.

          0 replies 0 retweets 0 likes
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        1. Jesse Blancarte‏ @JBlancarteNBA Sep 8
          Replying to @DavidLat

          This analysis is disengenous at best and more likely intentionally misleading.

          0 replies 0 retweets 0 likes
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        1. Alex Mejias‏ @alexmejias Sep 8
          Replying to @DavidLat

          Have you covered his testimony related to torture that Sen Durbin pressed him on?

          0 replies 0 retweets 0 likes
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        1. Greg Chernack‏ @GChernack Sep 8
          Replying to @DavidLat

          You realize that your advice is exactly what Durbin said to Kavanaugh. (He claimed BMK’s mistake was not following it in his earlier hearing.)

          0 replies 0 retweets 0 likes
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