In May 2009, he said in another memo that BP's output in the Gulf had reached a record 500, 000 barrels a day, a year ahead of schedule.

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Sotomayor backers called the Reed memo ludicrous, suggesting it ignored her testimony and her 17-year record as a judge.

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Another FDA official countered in a memo that it was premature to make such an argument until the results of Record had been re-analyzed by FDA staff.

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