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DOJ Won't Say if Kagan Took Full Pay After She 'Ceased' Full Duties as Solicitor General
CNS News ^ | 7/22/2010 | Eric Sclheiner

Posted on 07/22/2010 1:06:45 PM PDT by IbJensen

(CNSNews.com) -- The Justice Department is not saying whether Solicitor General Elena Kagan has been taking the full federal salary of solicitor general since she “ceased” performing the full responsibilities of that position more than two months ago.

On July 13, all seven Republicans on the Senate Judiciary Committee sent a letter to Kagan asking her to respond to certain questions for the record. These included: “What date did you cease performing your responsibilities as Solicitor General?” and “What duties are you now performing as Solicitor General?”

In written responses presented to the committee on July 19, Kagan said that she had initially “scaled down” her participation in general Justice Department matters after she learned on March 5 that President Barack Obama was considering her for a possible Supreme Court vacancy and that she “ceased performing the litigation responsibilities” of Solicitor General after she was nominated to the Court on May 10.

Kagan also said she informed the Supreme Court on May 17 that from the date of her nomination—May 10—her deputy “would serve as Acting Solicitor General in all filings.”

CNSNews.com contacted the Office of the Solicitor General on Tuesday to ask whether Kagan had taken a salary reduction at any time this year in conjunction with scaling down her participation in general Justice Department matters and ultimately ceding her litigation responsibilities to her deputy. The solicitor general’s office referred CNSNews.com to Tracy Schmaler, deputy director of public affairs for the Department of Justice. CNSNews.com left several messages for Schmaler spelling out the question. On Wednesday, CNSNews.com put the question to Brittany Miller at the Justice Department public affairs office, and then emailed her the question. There was no response.

Kagan may have reduced her duties to avoid having to recuse herself from cases that may come before the Supreme Court. “I ceased performing the litigation responsibilities of the Solicitor General position on or just after May 10, 2010, the date of my nomination to be Associate Justice of the Supreme Court,” Kagan told the Judiciary Committee in written answers on July 19.

“I informed the Supreme Court on May 17, 2010 that Neal Katyal, the Principal Deputy Solicitor General, would serve as Acting Solicitor General in all filings from the date of my nomination. Mr. Katyal also assumed responsibility for acting upon all appeal and other litigation recommendations at this time. I have continued to handle some routine administrative matters.”

“Between March 5, 2010, when I was informed that the President wished to consider me for a possible Supreme Court vacancy, and May 10, 2010, when I was nominated, I handled the work within the Solicitor General’s Office in the normal way; that is, I served as counsel of record in all filings in the Supreme Court and acted upon all appeal and other litigation recommendations,” wrote Kagan. “During this period, however, I scaled down my participation in more general departmental matters (which was not extensive to begin with). I ceased attending the Attorney General’s morning meetings sometime in early-to-mid April.”

In the questionnaire she filled out for the Judiciary Committee at the beginning of her confirmation process, Kagan said that if she was confirmed she would recuse herself from cases in which she had been the “counsel of record” as solicitor general.

“If confirmed, I would recuse in all matters for which I was counsel of record,” said Kagan. In her confirmation hearing she also said she would recuse herself from any case in which she had “played any kind of substantial role in the process.”

According to The National Law Journal, the position of Solicitor General pays a yearly salary of $165,300. CNN has reported Kagan’s net worth to be $1.8 million. With almost $740,000 cash on hand, $820,000 in retirement funds and no financial liabilities.


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events
KEYWORDS: allcorruption; coverupspay; dnc4coverups; dnc4perjury; dnc4plagiarism; dnc4resumefraud; noaccountability; nohonesty; nointegrity; nojustice; notransparency; notruth; noveritas; perjurypays; plagiarismpays; resumefraudpays
Did Obama or any other politician take a pay cut from their office or position in order to run for election? I think not! Don't just blame this on the liberals. It is a disease that most politicians or appointees are inflicted with. When one makes the decision to run for higher office they should be required to step down. They are intent on running and don't have time or energy to do both. It is the ethical thing to do. I forgot Obama legitimized it. He, McCain, and Hilarious were drawing paychecks from the public to do their job as senators while they were campaigning full time. Don't stop with just blaming Kagan. Blame all politicians in both parties; besides, she doesn't need the money, she can get by with her looks.
1 posted on 07/22/2010 1:06:50 PM PDT by IbJensen
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To: IbJensen; Jet Jaguar; NorwegianViking; ExTexasRedhead; HollyB; FromLori; ...

The list, ping


2 posted on 07/22/2010 1:16:21 PM PDT by Nachum (The complete Obama list at www.nachumlist.com)
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To: IbJensen

I’ll read that as a “yes”.


3 posted on 07/22/2010 1:16:21 PM PDT by Mobties
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To: Nachum

Then she should not be confirmed until the DOJ, the Obama administration realease all pertinent documents.


4 posted on 07/22/2010 1:21:42 PM PDT by CPT Clay (Pick up your weapon and follow me.)
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To: Mobties
I’ll read that as a “yes”.

About to post the same thing, yep, confirmation.

5 posted on 07/22/2010 1:22:23 PM PDT by MozarkDawg
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To: IbJensen

Filing false work hour documents is one of the few quick ways to get fired from the Federal government and possibly prosecured.


6 posted on 07/22/2010 1:26:03 PM PDT by vrwconspiracist (The Tax Man cometh)
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To: Mobties

It’s a duh!!!


7 posted on 07/22/2010 1:26:52 PM PDT by Sacajaweau (What)
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To: Nachum

Disinformation is their game?


8 posted on 07/22/2010 1:31:08 PM PDT by ExTexasRedhead (Take back our country on November 2, 2010.)
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To: Nachum

As though this or anything ELSE would matter to the RINO sell-outs planning to vote to confirm.


9 posted on 07/22/2010 1:33:50 PM PDT by Oldpuppymax
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To: IbJensen
"Attorney of record" doesn't seem to matter WRT recusal.
The relevant law is:

TITLE 28 > PART I > CHAPTER 21 > § 455 § 455. Disqualification of justice, judge, or magistrate judge
(a) Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.
(b) He shall also disqualify himself in the following circumstances:
(1) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;
(2) Where in private practice he served as lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter, or the judge or such lawyer has been a material witness concerning it;
(3) Where he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy;

Clearly her current job places her in several areas of conflict.

If she fails to recuse -- impeachment.

10 posted on 07/22/2010 1:55:27 PM PDT by Sgt_Schultze (A half-truth is a complete lie)
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To: Nachum

You’re catching a lot of ‘em today! Way to go!


11 posted on 07/22/2010 2:46:52 PM PDT by Arthur Wildfire! March (Want stimulus? Look to Harding, JFK,, and Reagan. Tax cuts work. FAnnie/FReddie hurt.)
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To: IbJensen

That translates to a “yes” she has been taking full pay.


12 posted on 07/22/2010 3:34:00 PM PDT by freeperkiki
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To: IbJensen
do I really have to say it???

13 posted on 07/22/2010 3:41:43 PM PDT by Chode (American Hedonist *DTOM* -ww- NO Pity for the LAZY)
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To: Nachum

How can they not give that info?


14 posted on 07/23/2010 6:05:32 AM PDT by dalebert
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