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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 9

      THREAD. An overarching thought on Judge Brett Kavanaugh & "perjury." 1. After analyzing the evidence in several lengthy threads, I believe the "perjury" claims against Kavanaugh lack merit. #SCOTUS #KavanaughHearings #KavanaughConfirmationHearings

      3 replies 16 retweets 34 likes
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      David Lat‏Verified account @DavidLat Sep 9

      2. But over the past few days, I've received many smart tweets expressing respectful and thoughtful disagreement with my views. I'm grateful for this feedback, and I'm sorry I can't respond to all of it individually.

      1:27 PM - 9 Sep 2018
      • 5 Likes
      • Christopher Tominna well loved stories Dylan O. Drummond Valerie Sutirtha Bagchi
      1 reply 0 retweets 5 likes
        1. New conversation
        2. David Lat‏Verified account @DavidLat Sep 9

          3. Many of these responses, like my original analyses, take a deep dive into the evidence - reading transcripts more closely, parsing testimony more finely, and bringing up additional evidence. (Lawyers are especially good at this.)

          1 reply 0 retweets 5 likes
          Show this thread
        3. David Lat‏Verified account @DavidLat Sep 9

          4. I believe that Kavanaugh's defenders generally have the better of the argument - see my new threads from earlier today, in case you missed them - but even if his critics prevail on a point here or there, there's another issue.

          1 reply 1 retweet 3 likes
          Show this thread
        4. David Lat‏Verified account @DavidLat Sep 9

          5. If thousands of smart people around the nation look long and hard enough at anyone's testimony, especially a nominee who testified for dozens of hours at three hearings, they can find - or manufacture - what might look like errors in the testimony.

          1 reply 2 retweets 6 likes
          Show this thread
        5. David Lat‏Verified account @DavidLat Sep 9

          David Lat Retweeted Benjamin Wittes

          6. The issue then becomes, as to any specific alleged error, is the mistake (a) significant and (b) intentional? Or is it, as @BenjaminWittes puts it, "minor and inadvertent"?https://twitter.com/benjaminwittes/status/1038531832168554497 …

          David Lat added,

          Benjamin WittesVerified account @benjaminwittes
          There’s a far simpler explanation for Kavanaugh’s behavior: He believed his testimony in 2004 and 2006 to be truthful, and he told the truth as he understood it this time too—and that any errors are minor and inadvertent and not the result of trying to cover something up.
          Show this thread
          1 reply 1 retweet 3 likes
          Show this thread
        6. David Lat‏Verified account @DavidLat Sep 9

          7. (This is why perjury has a "materiality" requirement. The supposedly false statement must have "a natural tendency to influence, or [be] capable of influencing, the decision of the decision-making body" in question.)http://bit.ly/2MfbY50 

          2 replies 1 retweet 2 likes
          Show this thread
        7. David Lat‏Verified account @DavidLat Sep 9

          8. As I've explained at length, based on reviewing the testimonial and documentary evidence, I believe that Judge Kavanaugh has given truthful, accurate, and complete testimony, on all issues where his testimony has been questioned.

          2 replies 3 retweets 7 likes
          Show this thread
        8. David Lat‏Verified account @DavidLat Sep 9

          9. But even if one can identify SOME specific snippet of testimony that might be erroneous, and can further show that the defense of the testimony's correctness doesn't hold water, the alleged error must also clearly be (a) important and (b) deliberate.

          1 reply 1 retweet 1 like
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        9. David Lat‏Verified account @DavidLat Sep 9

          10. I respectfully submit that none of the alleged errors in Kavanaugh's testimony meet this standard - at least from the vantage point of a moderate U.S. senator who might cast the deciding vote on his nomination, as opposed to a partisan on either side.

          1 reply 3 retweets 10 likes
          Show this thread
        10. David Lat‏Verified account @DavidLat Sep 9

          11. Critics of Kavanaugh should focus on his jurisprudence, which liberals and progressives DO have legitimate reason to question, and refrain from attacks on his character, which are not warranted. . #SCOTUS #KavanaughHearings #KavanaughConfirmationHearings

          7 replies 10 retweets 35 likes
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        11. End of conversation

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