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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
      Show this thread
    2. 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 reply 0 retweets 5 likes
      Show this thread
    3. 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
    4. 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
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    5. 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
    6. 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
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    7. 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
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    8. 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
    9. 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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    10. 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
      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

      1:28 PM - 9 Sep 2018
      • 10 Retweets
      • 35 Likes
      • Chris Strong zarathustra Jennifer Bossypants 🍍 Stand Tall 🍍 Stay Sweet Skelebens Brother Greg Chernack Rory Little Sutirtha Bagchi 👻🇺🇸 watson 🇺🇸👻 Fantô
      7 replies 10 retweets 35 likes
        1. New conversation
        2. Katherine H. Ku‏ @KathyHKu Sep 9
          Replying to @DavidLat

          Did you know nothing about Kozinski until December?

          1 reply 2 retweets 15 likes
        3. David Lat‏Verified account @DavidLat Sep 9
          Replying to @KathyHKu

          I knew nothing of the allegations. I actually know less than many people about certain situations because people are so tight-lipped around me, fearing I'll blab & blog about them. For more discussion, seehttp://thepolitic.org/an-interview-with-david-lat-legal-scholar-and-author-of-supreme-ambitions/ …

          2 replies 0 retweets 2 likes
        4. Emily Murphy‏ @ProfEmilyMurphy Sep 9
          Replying to @DavidLat

          Did you know about the "Easy Rider Gag List" before the LA Times reported it in 2008?

          3 replies 0 retweets 7 likes
        5. David Lat‏Verified account @DavidLat Sep 9
          Replying to @ProfEmilyMurphy

          No, not that I can recall. I was not on the Gag List myself. To try and refresh my recollection, I just reviewed all the emails I have from Kozinski prior to 2008, and none of them reference the Gag List (e.g., by forwarding a Gag List email).

          0 replies 0 retweets 0 likes
        6. End of conversation
        1. Danielle Jackson‏ @callmeMsJackson Sep 9
          Replying to @DavidLat

          You are jumping through circus hoops to justify him lying under oath. This should not be required to defend a judge!

          0 replies 0 retweets 6 likes
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        1. nate‏ @some_guy_nate Sep 9
          Replying to @DavidLat

          And why should anyone care what you think, David Lat?

          0 replies 0 retweets 2 likes
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        1. AliasNielsBohr‏ @AliasNielsBohr Sep 9
          Replying to @DavidLat

          There's a huge leap in logic between tweets 10 and 11 - from "I therefore conclude," to "a contrary view of importance, or less deferential view of his intent, is unwarranted." That's especially so where subjects of falsehoods included matters of character.

          0 replies 0 retweets 2 likes
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        1. The Cryptokeeper‏ @NYCMandAhole Sep 9
          Replying to @DavidLat

          Have you ever heard of the expression “when you’re in a hole, stop digging”? And why should we listen to you after you’ve shown such obvious bias?

          0 replies 0 retweets 2 likes
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        1. Matthew Moses‏ @Matty_Moses Sep 9
          Replying to @DavidLat

          No

          0 replies 0 retweets 1 like
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        1. M3HŘ‏ @mehrnaz303 Sep 9
          Replying to @DavidLat @MichaelPlaxton

          True but establishing that the supreme court nominee is a lier and has no respect for the rule of law is relevant to his evaluation, no?

          0 replies 0 retweets 0 likes
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