Supreme Court Justice ELENA KAGAN More Involved in Defense of Obamacare Then She Let On

Jed Babbin on Laura Ingraham Radio and Teresa America ^ | Wednesday, May 18, 2011 | Teresa

[Yosemitest]

Supreme Court Justice Elena Kagan More Involved in Defense of Obamacare Then She Let On
Wednesday, May 18, 2011



Here are some emails that were discovered by Judicial Watch
which show evidence of Elena Kagan's involvement in the defense of Obamacare.

From Judicial Watch: According to a January 8, 2010, email from Neal Katyal, former Deputy Solicitor General (and current Acting Solicitor General) to Brian Hauck,
Senior Counsel to Associate Attorney General Thomas Perrelli,
Kagan was involved in the strategy to defend Obamacare from the very beginning:

Subject: Re: Health Care Defense:
Brian, Elena would definitely like OSG [Office of Solicitor General] to be involved in this set of issues…
we will bring in Elena as needed.
[The “set of issues” refers to another email calling for assembling a group to figure out
“how to defend against the…health care proposals that are pending.”]

On March 21, 2010, Katyal urged Kagan to attend a health care litigation meeting that was evidently organized by the Obama White House:
“This is the first I’ve heard of this.
I think you should go, no?
I will, regardless, but feel like this is litigation of singular importance.”

In another email exchange that took place on January 8, 2010,
Katyal’s Department of Justice colleague Brian Hauck asked Katyal about putting together a group to discuss challenges to Obamacare.
“Could you figure out the right person or people for that?” Hauck asked.
“Absolutely right on. Let’s crush them,” Katyal responded.
“I’ll speak with Elena and designate someone.”

However, following the May 10, 2010, announcement that President Obama would nominate Kagan to the U.S. Supreme Court,
Katyal position changed significantly as he began to suggest that Kagan had been “walled off” from Obamacare discussions.

For example, the documents included the following May 17, 2010, exchange between Kagan, Katyal and Tracy Schmaler, a DOJ spokesperson:
Shmaler to Katyal, Subject HCR [Health Care Reform] litigation:
“Has Elena been involved in any of that to the extent SG ]Solicitor General’s] office was consulted?...

Katyal to Schmaler: “No she has never been involved in any of it. I’ve run it for the office, and have never discussed the issues with her one bit.”
Katyal (forwarded to Kagan): “This is what I told Tracy about Health Care.”
Kagan to Schmaler: “This needs to be coordinated. Tracy you should not say anything about this before talking to me.”

Included among the documents is a Vaughn index, a privilege log
which describes records that are being withheld in whole or in part by the Justice Department.
The index provides further evidence of Kagan’s involvement in Obamacare-related discussions.

For example, Kagan was included in an email chain (March 17–18, 2010) in which the following subject was discussed:
“on what categories of legal arguments may arise and should be prepared in the anticipated lawsuit.”
The subject of the email was “Health Care.”
Another email chain on March 21, 2010, entitled “Health care litigation meeting,” references an
“internal government meeting regarding the expected litigation.”
Kagan is both author and recipient in the chain.

The index also references a series of email exchanges on May 17, 2010, between Kagan and Obama White House lawyers and staff
regarding Kagan’s “draft answer” to potential questions about recusal during the Supreme Court confirmation process.
The White House officials involved include:
Susan Davies, Associate White House Counsel; Daniel Meltzer, then-Principal Deputy White House Counsel;
Cynthia Hogan, Counsel to the Vice President; and Ronald Klain, then-Chief of Staff for Vice President Biden.
The DOJ is refusing to produce this draft answer.

The Vaughn index also describes a March 24, 2010, email exchange between Associate Attorney General Beth Brinkmann
and Michael Dreeben, Kagan’s Deputy Solicitor General, with the subject header, “Health Care Challenges:”
“…I had a national conference call with the Civil Chiefs.
A memo also went out the day before.
I am forwarding right after this.
Let’s discuss if you have more ideas about what to do.”
As reported by CNS News:

In the questionnaire she filled out for the Senate Judiciary Committee during her confirmation process,
Kagan said she would abide by the “letter and spirit” of 28 U.S.C. 455
in deciding whether she felt compelled to recuse herself as a Supreme Court Justice
from any case that came before the High Court.
According to the law, a
‘justice … shall disqualify himself in any proceeding in which his impartiality might be reasonably questioned.’
It further says any justice ‘
shall also disqualify himself … [w]here he has served in governmental employment
and in such capacity participated as counsel, adviser or material witness
concerning the proceedings or expressed an opinion concerning the merits of the particular case in controversy.’

“Any reasonable person would read these documents and come to the same conclusion:
Elena Kagan helped coordinate the Obama administration’s defense of Obamacare.
And as long as the Justice Department continues to withhold key documents,
the American people won’t know for sure
whether her involvement would warrant her recusal from any Obamacare litigation that comes before the High Court,”
said Judicial Watch President Tom Fitton.

There is a definite connection between Supreme Court Justice Elena Kagan
and her playing at least a minor role in the White House's defense of the health care law.
In my opinion she needs to recuse herself from all cases which challenge Obamacare's constitutionality.

[Yosemitest]

Thanks to Jed Babbin for pointing this vile, corrupt Justice Judge out.

IMPEACH HER!!!

[TexasRedeye]

Tsk ,tsk. Such grammar and in the title yet.

[Flightdeck]

bookmark

[Red Badger]

Micah 3:11
Her leaders judge for a bribe, her priests teach for a price, and her prophets tell fortunes for money. Yet they look for the LORD’s support and say, “Is not the LORD among us? No disaster will come upon us.”

Micah 7:3
Both hands are skilled in doing evil; the ruler demands gifts, the judge accepts bribes, the powerful dictate what they desire— they all conspire together.

[Pollster1]

A socialist lied to us? My, how surprising and unexpected.

[RitaOK]

Unfortunately even Judicial Watch states we can’t know FOR SURE without the release of more documents. The AG will fail to release them, these documents on hand are evidently not enough, so Kagan defies recusal and life goes on.

Marxists are in rule now and they know it. There will be no impeachment in a democrat controlled US Senate.

[Cheerio]

ISN'T THIS FRAUD?

[floozy22]

Bet the RINO’s all knew about it...and they confirmed her anyway.

[Sacajaweau]

btt

[circlecity]

I guess on one hand you could say “knew more than she let on” or on the other hand note that she committed blatant perjury and intentionally decieved an entire nation in her ambitious quest for power. Remind me again why we shouldn’t consider Washington just another bananna republic? They are all crooked as ——. Politcal power corrupts everything and everyone it touches.

[Yosemitest]

Not my grammar, but the person who wrote it...

[AliVeritas]

ping

[Kenny Bunk]

This woman is one of the offspring of one of the most notorious Communist families in the United States. She is just a much a Communist as Van Jones. Her entire family was a mainstay of the CPUSA, and has been since the 1920's.

This was brought to the attention of the RINOs who vetted her.

[Yosemitest]

Everyone Muzzl'em Terrorist and ILLEGAL IMMIGRANT Barack Hussein Obama II puts forth, is an ememy to the United States and to Israel.
They should be gathered and bound, for Jesus's justic.

[DocH]

Lying Vagitarian.

[Clintonfatigued]

She needs to be forced to recuse herself from any ObamaCare rulings. If she refuses, impeachment is a valid option.

[GOPsterinMA]

Agreed! Now, do the GOP’s have the ball to throw the gauntlet down?

[Clintonfatigued]

Their rejection of Goodwin Liu is encouraging. We just need the evidence to prove that Kagan was involved in the health care bill and the conservative grass roots needs to push the issue once it’s headed to the Supreme Court.

[GOPsterinMA]

Spot on, CF!!!

[Georgia Girl 2]

It would be great if they could get rid of her but I doubt it will happen. She should recuse herself on Obamacare or Roberts should insist on it.