House Gives DOJ Ultimatum on Kagan Documents
Since July, House Judiciary Committee Chairman Lamar Smith has been asking the Department of Justice to hand over documents relating to Elena Kagan's involvement in healthcare-related litigation while she was Obama's Solicitor General. As Carrie Severino reports at NRO, last week the DOJ finally told the House "to pound sand." And despite having four months and hundreds of lawyers to think about it, the DOJ couldn't come up with a single legal/constitutional objection to producting the documents. Instead, DOJ objected that it would be "unseemly" to comply with the House's request.
Got that? It would be unseemly for the "most transparent" administration in history to release documents that would help us nail down whether Justice Kagan can be impartial in the ObamaCare litigation.
Unseemly, I guess, because we all know what the answer will be. As I reported earlier, documents already obtained by CNS show that Kagan was involved in developing the administration's strategy for defending ObamaCare in the courts. It would be a gross violation of judicial ethics for her to sit in judgment on the same legislation.
Liberals continue to insist that Clarence Thomas must recuse himself because of his wife's opposition to ObamaCare -- but no recusal is necessary for the woman who helped design the legal strategy to defend ObamaCare.
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Jul '11
Re: House Gives DOJ Ultimatum on Kagan Documents
Obama's firewall is in full effect. I am curious how things will be after Holder resigns.
The thugs in this administration make Nixon look like Mother Theresa.
Re: House Gives DOJ Ultimatum on Kagan Documents
Agreed. Nixon, at least, had a theory: executive privilege. Obama has a hard time withholding documents relating to Kagan and healthcare on either executive privilege or legal privilege grounds -- because the very assertion of the privilege would be an admission that Kagan was intimately involved in the healthcare issue. And so he is left with the "unseemly" objection.
I hope Chairman Smith takes DOJ to court. Could be interesting.
Edited on Nov 3, 2011 at 2:39pmJul '11
Re: House Gives DOJ Ultimatum on Kagan Documents
It would seem that the DOJ's stance regarding any investigations in to them is to stall and obfuscate in the hopes that the next election will come before they get destroyed.
Eric Holder would have held a prominent position in the Third Reich and relished each morsel of unbridled power. Obviously his genetic make up would preclude him but in this our "nation of cowards" I have no qualms about characterizing Mr Holder for what he is, a lying manipulative power hungry thug who skirts the very rules he was appointed to uphold.
I hope Mr Issa will continue to press for light to come upon the gunwalker issue as well as Mr Smith to go to Washington with a 55 gallon drum of whoopass. The abhorrent behavior from this DOJ would receive 24/7 coverage if this were a GOP administration.
The fact that Kagan helped craft the legislation on healthcare in such a way as to ensure its best chance of surviving the SCOTUS has received little media attention as has the cover up you're discussing.
I sincerely hope that someone debates the president with enough moxie to point out his subterfuge on national television.
Jul '11
Re: House Gives DOJ Ultimatum on Kagan Documents
Adam Freedman: Agreed. Nixon, at least, had a theory: executive privilege. Obama has a hard time withholding documents relating to Kagan and healthcare on either executive privilege or legal privilege grounds -- because the very assertion of the privilege would be an admission that Kagan was intimately involved in the healthcare issue. And so he is left with the "unseemly" objection.
I hope Chairman Smith takes DOJ to court. Could be interesting. · Nov 3 at 2:38pm
Edited on Nov 03 at 02:39 pm
Well if the president cannot walk away from this problem he indeed is in a catch 22.
Do you know how long a court scenario would take as Obama care has a date with destiny next year.
Jun '10
Re: House Gives DOJ Ultimatum on Kagan Documents
One of the pre-eminent principles of the judicial action in America is that each individual judge not have an interest in a case nor have taken part as a litigant (or the like) in a case. Good, honorable judges recuse themselves. Hacks allow political considerations to override the demand for independence: if nothing else, this is a hack presidency.
Jun '11
Re: House Gives DOJ Ultimatum on Kagan Documents
Its hard to believe how deception and lying has been mainstreamed in our government.
Dec '10
Re: House Gives DOJ Ultimatum on Kagan Documents
Adam, this is THE most important story. Go Lamar Go. And by the way, someone who claims to be Jewish but thought it was more important to trash the military over 'don't ask don't tell' then it was to stop the huge amount of Islamic Money flowing into Harvard, JUST CAN'T BE TRUSTED PERIOD! Transparent enough for you.
Feb '11
Re: House Gives DOJ Ultimatum on Kagan Documents
"Resign and go away" is insufficient. There must be much public shame which leaves irreparable teeth marks.