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DavidLat's profile
David Lat
David Lat
David Lat
Verified account
@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. "Perjury" claims against Judge Brett Kavanaugh re: torture/detention of enemy combatants. #SCOTUS #KavanaughHearing #KavanaughHearings #KavanaughConfirmationHearings

      3 replies 39 retweets 64 likes
      Show this thread
    2. David Lat‏Verified account @DavidLat Sep 9

      1. Some claim that Judge Kavanaugh gave false testimony at his 2006 confirmation hearings when he denied playing a role in developing rules for the detention of enemy combatants.

      1 reply 4 retweets 6 likes
      Show this thread
    3. David Lat‏Verified account @DavidLat Sep 9

      David Lat Retweeted Senator Dick Durbin

      2. They claim that his denial was false because he was involved "with the rules for access to counsel for detainees & the detention of U.S. citizen enemy combatants, as well as the signing statement for the McCain Torture Amendment."https://twitter.com/SenatorDurbin/status/1037447819362226176 …

      David Lat added,

      Senator Dick DurbinVerified account @SenatorDurbin
      In 2006, Judge Kavanaugh told me under oath “I was not involved and am not involved in the questions about the rules governing detention of combatants.”
      Show this thread
      1 reply 2 retweets 4 likes
      Show this thread
    4. David Lat‏Verified account @DavidLat Sep 9

      3. Kavanaugh's involvement in the access-to-counsel issue was very minor (or "de minimis," as lawyers say). He was asked to give a quick opinion in a meeting, as a former clerk to Justice Kennedy, on how AMK might vote on the issue.https://wapo.st/2MeBJ5z 

      1 reply 3 retweets 6 likes
      Show this thread
    5. David Lat‏Verified account @DavidLat Sep 9

      4. But even if you view that involvement (plus chiming in on a signing statement) as substantial rather than de minimis, looking back at the relevant 2006 testimony in more complete context reveals the accuracy of Kavanaugh's testimony.

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

      5. Compare @SenatorDurbin's excerpt from Kavanaugh's 2006 testimony (left) with my much larger excerpt from the testimony (right).pic.twitter.com/RQ3c7xbJyo

      9:03 PM - 9 Sep 2018
      • 2 Retweets
      • 6 Likes
      • Laura Tucker Chris Mary Lou Benjamin Christopher Tominna Mohammad Jalilian Karen Kirchen 🇺🇸 ⚖️ 🌊 #WeAreThePatriots 🇺🇸 francvs
      1 reply 2 retweets 6 likes
        1. New conversation
        2. David Lat‏Verified account @DavidLat Sep 9

          6. The larger excerpt clearly shows that the 2006 exchange between Durbin and Kavanaugh was about "the use of abusive interrogation techniques, like threatening detainees with dogs, forced nudity, and... forcing detainees into painful stress positions."

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

          7. As he testified in 2006, Kavanaugh was "not involved" in developing these interrogation techniques -- nor could he have been, since as he testified last week, he was not "read into" the program (i.e., cleared to have access to info about the program).

          1 reply 2 retweets 8 likes
          Show this thread
        4. David Lat‏Verified account @DavidLat Sep 9

          8. Former Bush Administration officials confirmed this to the @WashingtonPost. Former @WhiteHouse lawyer Tim Flanigan said "the policy was tightly 'compartmentalized' & Kavanaugh was not authorized to know about it."https://wapo.st/2MeBJ5z 

          1 reply 5 retweets 14 likes
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        5. David Lat‏Verified account @DavidLat Sep 9

          9. Had Kavanaugh been asked or reminded about the specific and discrete issue of detainee access to counsel, he would have answered differently - note how he freely acknowledged his involvement in this issue in his recent private meeting with Durbin.

          2 replies 4 retweets 9 likes
          Show this thread
        6. David Lat‏Verified account @DavidLat Sep 9

          10. So, as Judge Kavanaugh stated when @SenOrrinHatch asked him last week about his 2006 testimony, "I told the truth and the whole truth in my prior testimony." #SCOTUS #KavanaughHearings #KavanaughConfirmationHearings

          8 replies 10 retweets 43 likes
          Show this thread
        7. End of conversation

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