The entire term "TSP" is a phrase invented just for this purpose, so that people could talk about the subset of a larger surveillance program they were willing to talk about.
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Replying to @emptywheel
The question both verbally and in writing specified an NSA surveillance program, while the email specified a question about collection of people inside the US. (NSA's mission is to collect on targets outside the US) Which is why I don't understand what you mean by lying.
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Replying to @MiekeEoyang
Again, even the officially released IG Report makes it clear they were collecting some content domestically. And they were selecting WHOM to collect on with the domestic collection he rubber stamped retroactively in Klayman.
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Replying to @emptywheel @MiekeEoyang
And you're forgetting how the meaning of "collecting on" has radically changed since 2001.
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Replying to @emptywheel
Mieke Ooooooooyang 🎃 Retweeted David Lat
Yes, but I'm legit puzzled by what you mean by lying. Did you see this
@DavidLat thread explaining:https://twitter.com/DavidLat/status/1038195699513520129 …Mieke Ooooooooyang 🎃 added,
David LatVerified account @DavidLatTHREAD. "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#KavanaughConfirmationHearingsShow this thread2 replies 0 retweets 2 likes -
There's a huge difference between the totality of what the USG did & Kavanaugh's personal culpability for/knowledge of it. & I hate defending Kavanaugh on this, b/c what he did w/the Miranda docs is ethically disqualifying. That's like benefiting from emails stolen by Russians.
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Replying to @MiekeEoyang @DavidLat
As I said, I reported on the significance of that memo--based off actual reporting and some knowledge of how much DIDN'T make even the Stellar Wind IG report--even before email came out. He's, at best, playing the same word games Gonzales did that allegedly got him ousted as AG.
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And, yes, I agree that his response to questions about using Miranda's emails should, by itself, be disqualifying. But it's also clear he is narrowly parsing answers and on "TSP" he happens to be using a known dodge, one invented for the purpose.
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Replying to @emptywheel @DavidLat
No, he's not narrowly parsing on his answers. Judiciary is asking specific questions, not using TSP, but NSA. And unless there are additional memos showing more direct involvement, I don't see anything in the public record that directly contradicts his testimony now or in 2006.
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Replying to @MiekeEoyang @DavidLat
Sorry. The fact that he's being asked answers abt NSA and he's answering ONLY abt TSP (which is what he did in the original) is precisely the lie, not the excuse. Same as limiting As on Kozinski JUST to sexual nature. Or As on birth control to what plaintiffs said. Etc etc.
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I mean, this will not, in any way, make the difference between him being confirmed or not. But it should have been the basis for recusal in Klayman.
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Replying to @emptywheel @DavidLat
Oh, interesting about recusal on Klayman. That hadn't occurred to me. I'm not sure that even Leahy, who asked the question, would parse the way that you have.
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And 100% agree with you about whether it makes a difference to whether or not he's confirmed. But I think you'd have a hard time finding anyone who was read into TSP/702/SI thinking he lied.
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End of conversation
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