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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. A crucial background fact: at the @WhiteHouse, different lawyers in the Counsel's Office get different circuit courts as their portfolios when it comes to nominations. See, e.g., here (noting Cheryl Stanton handling the 5th Cir.):http://bit.ly/2NTfm7k 

      1 reply 53 retweets 192 likes
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    2. David Lat‏Verified account @DavidLat Sep 6

      3. At Kavanaugh's 2004 hearing (Elie erroneously says it was 2006), in response to Senator Ted Kennedy, Kavanaugh explained that Bill Pryor's 11th Cir. nomination wasn't in Kavanaugh's portfolio: "not... assigned to me,""not one... I worked on personally."pic.twitter.com/slYE251Rsn

      4 replies 53 retweets 209 likes
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    3. David Lat‏Verified account @DavidLat Sep 6

      4. Later in the same colloquy, Kavanaugh restated the point in slightly different words: "the way the work is divvied up, that wasn't one of the ones I" (and then he was cut off, but presumably he would have said something like "assigned" or "given"). #SCOTUSpic.twitter.com/dg6Et7rKOT

      2 replies 49 retweets 187 likes
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    4. David Lat‏Verified account @DavidLat Sep 6

      5. Sandwiched in between these two perfectly clear explanations is the language that @ElieNYC, @nycsouthpaw and others fixate on: "I was not involved in handling [Pryor's] nomination."pic.twitter.com/mIUiYEb2ai

      4 replies 52 retweets 187 likes
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    5. David Lat‏Verified account @DavidLat Sep 6

      6. Yes, Kavanaugh could have been more precise. But read in context, in light of statements he made immediately before & after, it's clear that all he was saying was that the Pryor nom/11th Cir. wasn't under his official @WhiteHouse purview.

      7 replies 67 retweets 283 likes
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    6. David Lat‏Verified account @DavidLat Sep 6

      7. The "not involved" statement that Kavanaugh's critics rip out of context CANNOT be fairly read as a blanket denial of any and all involvement, especially based on other testimony given by Kavanaugh in the very same colloquy.

      8 replies 65 retweets 288 likes
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    7. David Lat‏Verified account @DavidLat Sep 6

      8. Kavanaugh explicitly ADMITTED, for example, that he might have attended a moot session for Pryor, and/or read & discussed news articles about the Pryor nom (but understandably didn't want to go into detail about @WhiteHouse internal deliberations).pic.twitter.com/K9nOo4uf2X

      7 replies 51 retweets 219 likes
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    8. David Lat‏Verified account @DavidLat Sep 6

      9. Even if you want to over-read the "not involved" line, perjury requires specific intent to mislead - which Kavanaugh obviously did not have, having ADMITTED to at least SOME involvement with the Pryor nom.https://www.justice.gov/usam/criminal-resource-manual-1747-elements-perjury-specific-intent …

      11 replies 54 retweets 283 likes
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    9. David Lat‏Verified account @DavidLat Sep 6

      10. So, in conclusion, this "perjury" argument is without merit -- an unfair and unfounded attack against Judge Kavanaugh. Vote against him if you disagree with his jurisprudence, fine -- but please don't slander him. Thanks. #SCOTUS #KavanaughHearings

      90 replies 337 retweets 1,247 likes
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    10. David Lat‏Verified account @DavidLat Sep 7

      David Lat Retweeted David Lat

      P.S. I have done two additional threads on "perjury" allegations related to #Memogate and NSA surveillance: 1. Memogate: https://twitter.com/DavidLat/status/1037928034224033792 … 2. NSA surveillance:https://twitter.com/DavidLat/status/1038195699513520129 …

      David Lat added,

      David LatVerified account @DavidLat
      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
      Show this thread
      27 replies 55 retweets 125 likes
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      David Lat‏Verified account @DavidLat Sep 8

      David Lat Retweeted David Lat

      P.P.S. More tweets on the "perjury" claims: 3. Pickering: https://twitter.com/DavidLat/status/1038617313933750273 … 4. Addressing "OK, maybe he didn't commit perjury, but wasn't he misleading/incomplete/not totally forthcoming? Shouldn't we demand more for #SCOTUS?"https://twitter.com/DavidLat/status/1038630129025646593 …

      David Lat added,

      David LatVerified account @DavidLat
      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
      Show this thread
      8:51 PM - 8 Sep 2018
      • 12 Retweets
      • 33 Likes
      • Fantô Matthew Philo N T McGiffin, 2nd Earl of St Vincent Senator Spooks 🎃 Nick Laning Jim Lothian ʕ•ᴥ•ʔ a bear Resistance is Futile 🇺🇸 Agnes B. Bullock
      7 replies 12 retweets 33 likes
        1. The Original “MJ”‏ @MikeJungman Oct 2
          Replying to @DavidLat

          This aged well

          0 replies 0 retweets 0 likes
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        1. David Harada-Stone‏ @HaradaStone Sep 9
          Replying to @DavidLat

          Whether this makes for a prosecutable case of perjury is besides the point. Kavanaugh's casual indifference to unethical behavior in the service of politics and his lack of candor call his fitness into question. The proper test is not, "hey, at least he's not a criminal."

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        1. New conversation
        2. austin c smith‏ @aconnellsmith Sep 9
          Replying to @DavidLat

          The problem with your argument is that you have no way of knowing let alone proving whether he intended to mislead. So stop making legal arguments you insist are despostive when you have no way of knowing what was in his head when he said those things under oath.

          1 reply 0 retweets 0 likes
        3. austin c smith‏ @aconnellsmith Sep 9
          Replying to @aconnellsmith @DavidLat

          *dispositive

          0 replies 0 retweets 0 likes
        4. End of conversation
        1. Last Best Hope‏ @lastbesthope2 Sep 9
          Replying to @DavidLat

          If it takes a dozen tweets to parse and explain that someone doesn't commit perjury, it's pretty good evidence that person wasn't entirely truthful either.

          0 replies 0 retweets 0 likes
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        1. Composerem‏ @composerem Sep 9
          Replying to @DavidLat

          He ‘might’? “8. Kavanaugh explicitly ADMITTED, for example, that he might have attended a moot session for Pryor, ... “ C’mon man......

          0 replies 0 retweets 0 likes
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        1. Ambrose Beers‏ @mannyjalvarez Sep 9
          Replying to @DavidLat

          You know what, you're right. You are. But it is as clear as day to anyone with a brain that Kavanaugh is a tool.. to provide cover for Trump. That he uses his uber qualified legal mind to advance conservative agendas. That he is a slippery as a Jesuit in a heresy trial.

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        1. CaliToad‏ @cali_toad Sep 8
          Replying to @DavidLat

          #Smartech

          0 replies 0 retweets 0 likes
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