Thread by @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

1. At the outset, thanks to everyone for their thoughtful engagement with my tweets evaluating the "perjury" claims against Kavanaugh, which I deeply appreciate (even -- or especially -- when folks disagree with me). Sorry I can't respond to all individually.

2. The Kavanaugh testimony being evaluated for truthfulness comes from his judicial confirmation hearings -- in 2004 and in 2006, for the D.C. Circuit, and last week, for #SCOTUS. One needs to keep this important fact in mind at all times.

3. In an ideal world, perhaps judicial confirmation hearings would be cooperative searches for truth and consensus, where both sides would be as honest, open, and expansive as possible.

In the real world, in 2018, they are bloodsport.

4. I compare confirmation hearings to depositions. Lawyers who prepare deposition witnesses advise them to tell the truth - you're under oath - but don't say more than is necessary and don't volunteer anything, especially if it's bad for your side.

5. The common deposition prep advice: if opposing counsel asks "can you tell me what time it is," you say "yes."

6. So at his confirmation hearings, Judge Kavanaugh was under no obligation to volunteer info, give expansive answers, help Democratic senators gather ammo to attack him, or set himself on fire. Judge Robert Bork did that, and look what happened to him.

7. If Kavanaugh gave unduly narrow or incomplete answers, it was the job of @SenJudiciary Democrats to act like lawyers taking depos - press the witness, probe more deeply, rephrase again & again, show the witness more docs - until you get what you want.

8. It was not Kavanaugh's job to make their case for them. He had no duty to say, e.g., "Oh, you want to go after me for my involvement with Pryor & Pickering? Well, let me tell you just how incredibly involved I was, so you can nail me to the wall for it!"

9. In a better world, sure, maybe Kavanaugh would try to help the senators find out exactly what they were looking for. But in that better world, the senators wouldn't be trying to play a game of "gotcha" in order to derail his nomination.

10. To sum up, Judge Kavanaugh's only duty was to testify truthfully - no more, no less. As I've argued in my prior threads, he did just that. #SCOTUS #KavanaughHearings #KavanaughConfirmation #KavanaughConfirmationHearing #KavanaughConfirmationHearings

In case you missed them, here are my prior evaluations of the Kavanaugh "perjury" claims:

1. Pryor:

https://twitter.com/DavidLat/status/1037818136349814784

2. Memogate:

https://twitter.com/DavidLat/status/1037928034224033792

3. NSA surveillance:

https://twitter.com/DavidLat/status/1038195699513520129

4. Pickering:

https://twitter.com/DavidLat/status/1038617313933750273