A thread on Judge #Kavanaugh & perjury.

I’m an attorney & have followed the Kavanaugh nomination closely. I want to discuss why I think it's important to use the word perjury to discuss some of #Kavanaugh's dishonesty. Continued ⤵
A major problem with news coverage of Kavanaugh's deception is that the news relies on experts for its stories & that many of the legal experts including #NeverTrump conservatives & anti-trump progressives know #Kavanaugh to be a thoughtful lawyer. (Cartoon via @tomtomorrow)
A good example of this came from 1 of my favorite podcasts, @NSLpodcast. Hosts are 2 attorneys—1conservative/1progressive—both critical of Trump. Both set aside evidence of #Kavanaugh's dishonesty bc they believe him to be honest. They know him personally
In my experience—there’s studies to back this up—everyone lies, even honest people. Discussing lies can be uncomfortable & even taboo, especially when it's someone we personally know. But as lawyers we must distinguish between white lies & lies under oath.
I want to emphasize that NOT every misstatement is a lie. Deceit requires knowledge & intent. See e.g. warrantless wiretapping (where #Kavanaugh may have worked on related issues, but there isn't *public* evidence he was ever briefed on the program). nytimes.com/2018/09/05/us/…
Looking guilty is also not direct evidence of lying. Absent additional information becoming public, there is no evidence Kavanaugh lied to Senator Harris regarding meeting w someone from Kasowitz Benson & Torres on the Mueller investigation:
BUT there were a few instances where there is documentary evidence strongly implies he intentionally mislead the Senate in his 2004 confirmation hearing. See e.g. when he testified that he did not "work[] on personally" the nomination of J. Pryor. vox.com/2018/9/6/17828…
Recently released documents show #Kavanaugh made a misstatement when he said he didn’t work on J. Pryor’s nomination. Given Pryor was a controversial nominee & the emails were contemporaneous, it’s unlikely that he forgot he worked on Pryor. A likely lie.
On the stolen docs, maybe #Kavanaugh didn't know they were stolen. But he testified there was nothing “untoward” for him to suspect. Another likely lie: he received emails with the subject line “spying” & marked “confidential” & "not for distribution.”
Maybe the evidence doesn’t YET rise to where a prosecutor would bring a criminal prosecution for perjury (lying under oath). But it would be an absurd standard for honesty, if we only called out lies that you could prove were lies beyond a reasonable doubt vox.com/2018/9/7/17829…
To continue the criminal law analogy, maybe there isn't evidence of perjury beyond a reasonable doubt YET, but there's probable cause to continue a perjury investigation… but R's are refusing to make public more than 10% of his docs. #WhatAreTheyHiding washingtonpost.com/politics/white…
But criminal perjury=analogy. Don't need evidence of lying beyond a reasonable doubt, we need sufficient evidence of lying to vote NO. Plenty there.
Even #Kavanaugh argued that a president could be impeached for alleged perjury. Voting no=much less extreme latimes.com/politics/la-na…
FYI, I’m an attorney w @MALDEF a nonprofit law firm, one of 100s of #CivilRights orgs working to #StopKavanaugh. Opinions are my own. Nothing above should be used as legal advice. Practical advice: don't lie under oath… or accept legal advice on twitter.

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More from @MikaEsq

Oct 2, 2018
<#BelieveSurviviors #StopKavanaugh Thread>
Sen @JeffFlake said Kavanaugh wouldn't be confirmed if he lied to the Senate. Well @WeDemandJustice counts 20+: medium.com/@demandjustice…

Needs more attn, so I made a thread of 20+ sources proving his lies. Cont⤵
Lie: Kavanaugh said “When this allegation first arose, I welcomed any kind of investigation."
Fact: “Kavanaugh did not publicly welcome an investigation in two public statements denying the allegations and an in-depth interview with Fox News."
Lie: Kavanaugh said he “never attended a gathering like the one Dr. Ford describes in her allegation.”
Fact: Kavanaugh admitted that his calendars “show a few weekday gatherings at friends’ houses after a workout or just to meet up and have some beers. washingtonpost.com/politics/2018/…
Read 28 tweets
Aug 3, 2018
GOP wants a vote on #Kavanaugh for #SCOTUS before documents are released. Many asking #WhatAreTheyHiding?

He was with G.W. Bush, 2000-2006.

Thought someone should do a thread of all controversies during that time that they might be hiding. Continued⤵
This thread ended up being longer than I anticipated, turns out the George W. Bush admin had more than a few controversies—I expect I missed a few things.

If you notice something big I missed, comment with reputable news article, and I’ll quote tweet your comment onto the thread
The 2000 FL Vote recount (Florida law required recount for a razor close election, Bush legal team argued to end it, eventually successfully before the #SCOTUS … he was on the Bush legal team).
Read 13 tweets
Aug 1, 2018
Please RT & fill out the form in the thread below⤵

45 wants to use the #2020Census to take power from big states w immigrants like CA & give it to rural (& often red) states.

YOU can help #SaveTheCensus—it'll only take a min. Continued⤵
At the direction of the White House, Secretary of Commerce Wilbur Ross, in coordination with AG Jeff Sessions’ anti-immigrant DOJ, announced that he directed the Census Bureau to add a citizenship question to the 2020 Census. nytimes.com/2018/07/24/us/…
45's attempt is blatantly political & would lead to an undercount that would lead to the taking of seats in the House of Representatives, electoral college votes, & federal funds from from big states with immigrants & give them to rural—mostly red—states.
Read 9 tweets
Jun 29, 2018
Since the #KennedyRetirement I've seen pessimism that Roe v Wade & the ACA are already lost. But we in #TheResistance aren't pundits.


WE won on the ACA repeal.
Senate margin➡NARROWER.
There's a path to victory—just need to march there.
Details in thread⤵
ICYMI, in a debate in 2016, then candidate 45 vowed that he would "put[] pro-life justices on the court," and that if he could place multiple justices on SCOTS, that Roe v Wade would be overturned "automatically." npr.org/2018/06/28/624…
45 & SCOTUS may think that a woman’s right to choose is a close partisan decision, 5/4 with Kennedy as the deciding vote. But It’s not even close; only 18% of Americans believe abortion should be illegal in all circumstances—has stayed steady since Roe. news.gallup.com/poll/1576/abor…
Read 9 tweets
Jun 14, 2018
Read this entire thread:

If you've ever wondered what you would do if you lived in Nazi Germany, NOW is the time to stand for justice.

📞Your MoC now. Demand oversight.

Then join a family separation protest near you, later today:
I don't make the comparison to Nazi Germany lightly. I'm a #CivilRights lawyer, I have a Master's in IR w a focus on history, I attended FSU Holocaust institute.

Starts w dehumanizing words: "immigrants are animals" or immigrant children "aren't innocent"
Then there's deification and memorialization of the man saying those dehumanizing words. He can do no wrong, cannot be questioned.
Read 9 tweets
Jun 11, 2018
Please RT & fill out the form in the thread below⤵

This #Pride month, 45 admin wants to roll back protections for some of the most vulnerable in the #LGBTQ community: foster youth, & foster/adoptive parents. You can help—it'll only take a minute. Continued⤵
Studies show that roughly 19% of foster youth identify as #LGBTQ. They experience worse safety, well-being & outcomes than non-LGBTQ youth. For states to improve these outcomes & identify best practices, data collection national data collection level is vitally important.
It is an unfortunate fact about our society, that parents sometimes reject their children for being #LGBTQ. LGBTQ children are disproportionately in foster care (1/5 foster youth) and homeless (2/5 homeless youth).
Read 12 tweets

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