THREAD #4: A point-by-point breakdown of Judge Kavanaugh's claims about his work on a controversial wireless wiretapping program.
Exhibit 4: In 2006, I asked Kavanaugh about his knowledge of a controversial warrantless wiretapping program, disclosed in a 2005 article. I asked, “You had not seen anything, or had you heard anything about it, prior to the New York Times article?”
His reply: “No.” “Nothing at all?” “Nothing at all,” he testified. He later reiterated in writing, “I had no involvement in meetings, briefings, or other discussions in shaping the program or the legal justification for the program.”
The reality? Ex. 4a: In a 2001 email to John Yoo, BCC’ing Timothy Flanigan, Kavanaugh asks “Any results yet on the 4A [Fourth Amendment] implications of random/constant surveillance of phone and e-mail conversations …?” 
On the same day, Yoo wrote a memo to Flanigan on “the legality of a ‘hypothetical’ electronic surveillance program.” This memo, along with another Yoo memo, provided the legal authority for the warrantless NSA wiretapping program detailed in the NYT article.
Kavanaugh could have told me he was only involved in early discussions on warrantless wiretapping, but he did not directly work on the classified program. Instead he denied everything. Again, his testimony is just not credible.
