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GOP questions ‘two-month gap’ in Kagan’s health care involvement
The Washington Times ^ | Thursday, December 8, 2011 | Stephen Dinan and Dave Boyer

Posted on 12/09/2011 4:07:27 AM PST by 1010RD

The top Republican on the House Judiciary Committee said Thursday the Obama administration is fueling speculation about Justice Elena Kagan’s impartiality because it won’t turn over documents detailing her role in crafting the legal strategy to defend the health care law.

Rep. Lamar Smith, the committee chairman, told Attorney General Eric H. Holder Jr. that emails show Justice Kagan took an interest in the case in January 2010, when she was solicitor general, and he demanded to know what role she played between then and March 2010, when President Obama tapped her to sit on the high court.

“The issue is how involved was she in health care discussions between Jan. 8 and March 5. Just as President Nixon had an 18½-minute gap, does Ms. Kagan have a two-month gap?” Mr. Smith said.

Conservative groups have called for Justice Kagan to recuse herself from ruling on the health care case, which the Supreme Court last month said it will consider next year.

Mr. Smith has requested a fuller explanation of Justice Kagan’s role. He said the Justice Department denied his request, but never cited any legal privilege to withhold information.

(Excerpt) Read more at washingtontimes.com ...


TOPICS: News/Current Events
KEYWORDS:
Look at the careful wording on the part of the WH:

Mr. Holder told the committee they tried to wall off Justice Kagan from conversations once they knew she was under consideration for the Supreme Court.

...Asked by The Washington Times whether Mr. Obama would support turning over documents covering the two-month period in question, presidential spokesman Jay Carney said Congress already has fully vetted Justice Kagan’s views.

“Justice Kagan was confirmed with bipartisan support to the Supreme Court, went through the usual thorough confirmation process,” Mr. Carney said.

1 posted on 12/09/2011 4:07:30 AM PST by 1010RD
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To: 1010RD

Napolitano and Kagan have the same physical features, strange!


2 posted on 12/09/2011 4:12:42 AM PST by ronnie raygun (V)
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To: 1010RD
bull$h!p

Holder and Zer0 lying again....

we need a special prosecutor for all the lying to officials....

3 posted on 12/09/2011 4:13:45 AM PST by Vaquero ("an armed society is a polite society" Robert A. Heinlein)
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So here’s where Kagan stands:

1. The DOJ/WH ‘tried’ to keep her out of the loop. (did they fail?)

2. Holder states: “My memory is, whenever we had conversations about the health care bill, then-Solicitor General Kagan was not present...” (Worthless from a known liar & why just use your memory? Why not check your logs, meeting minutes, your own daily diary, etc.?)

3.Mr. Smith said that walling off wouldn’t have occurred until March, leaving the two-month gap he questioned. (Release the documents proving otherwise, but they won’t. Why not? They provide no legal basis for withholding)

4. Mr. Holder also again declined to cite a specific legal privilege that would allow him to withhold documents or prevent committee investigators from interviewing department employees about Justice Kagan’s involvement. Instead, the attorney general said he has “separation of powers” concerns. (The Obama Administration worried about the Constitution? Surely you jest.)

Now, look at Carney’s carefully worded response (aka the non-denial denial):

Asked by The Washington Times whether Mr. Obama would support turning over documents covering the two-month period in question, presidential spokesman Jay Carney said Congress already has fully vetted Justice Kagan’s views.

“Justice Kagan was confirmed with bipartisan support to the Supreme Court, went through the usual thorough confirmation process,” Mr. Carney said.

Mr. Carney also pointed to an Op-Ed column by Michael B. Mukasey, former attorney general under Republican President George W. Bush, who wrote this week that for Justice Kagan to recuse herself, she “would have had to participate in her official capacity as counsel or adviser in the case at any stage, or expressed an opinion in her official capacity about the merits” of the case.

“Asked during her confirmation proceedings whether she had done so, she said no,” Mr. Mukasey wrote. “Absent evidence to the contrary, there is no reason not to credit that denial.”

Said Mr. Carney, “We agree with him.”

So, A. She’s already been vetted, please stop looking and B. Mr. Mukasey ‘agrees with us’.

Yet, Mukasey is careful because he clearly states: “Absent evidence to the contrary, there is no reason not to credit that denial.”

Release the missing 2 months of documents and then we’ll know whether or not the evidence is ‘absent’.


4 posted on 12/09/2011 4:14:39 AM PST by 1010RD (First, Do No Harm)
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To: 1010RD
It goes back to legal privilege, not what Obama wants. He probably will have to be taken to court over it. Like recently released WH visitor logs.

from article

Mr. Holder also again declined to cite a specific legal privilege that would allow him to withhold documents or prevent committee investigators from interviewing department employees about Justice Kagan’s involvement. Instead, the attorney general said he has “separation of powers” concerns.

Mr. Smith said that doesn’t rise to the level of an actual claim of privilege, and said he will schedule the interviews with investigators.

5 posted on 12/09/2011 4:49:00 AM PST by opentalk
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To: 1010RD

“Release the missing 2 months of documents and then we’ll know whether or not the evidence is ‘absent’.”

Absolutely!!!

(Particularly because there are so many liars in this administration who really believe that “the end justifies the means.”)


6 posted on 12/09/2011 5:45:03 AM PST by SumProVita (Cogito, ergo...Sum Pro Vita. (Modified Decartes))
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To: 1010RD

They are using the two months as a ruse...she should recuse herself if she was involved at ANYTIME in the matter, not just when they heard she may be considered to be a nominee.


7 posted on 12/09/2011 6:10:48 AM PST by Mouton (Voting is an opiate of the electorate. Nothing changes no matter who wins..)
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To: 1010RD
He said the Justice Department denied his request, but never cited any legal privilege to withhold information.

Why? does Holder need more time to put them through the shredders?

It sounds like Kagan is deep into the Deathcare mess. I think the media, or at least the voters (because the media is worthless these days), should push hard on this issue before it goes to the court. If she's a Deathcare minion, the voters should know about it. It would at least allow them to "adjust" their voting record before 2012 - to stop the left wing corruption and citizen oppression.

8 posted on 12/09/2011 6:17:18 AM PST by concerned about politics ("Get thee behind me, Liberal")
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To: Mouton

Obama knew her stance
He knew Obamacare would eventually end up at the Supreme Court.

Obama appointed her for that specific reason, and he owned the Senate who confirmed her.The Republicans in that Senate stood by and got zapped.Again.


9 posted on 12/09/2011 6:17:28 AM PST by Venturer
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To: 1010RD
Mr. Holder told the committee they tried to wall off Justice Kagan from conversations once they knew she was under consideration for the Supreme Court.

Ohhhhhhh! This is getting good. I see this as Holder separating himself and the DOJ from Obama, Kagan and Jarrett. He's setting himself up as attempting to do the right thing, despite whatever Congress finds. He knows what's coming. Congress needs to keep the pressure on him until his sphincter cuts off all air to his brain.

10 posted on 12/09/2011 6:23:53 AM PST by liberalh8ter
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To: concerned about politics
The failure to remove Clinton from office is now bearing poisoned fruit.

As a result of that failure, Obama, Holder and Kagan know they will not be removed by impeachment and removal in the Senate. They can flaunt oversight with impunity.

The only way to deal with Obama and Holder is at the ballot box in 2012. We're stuck with Kagan unless we get enough Senators to remove her from office upon impeachment.

11 posted on 12/09/2011 6:50:27 AM PST by dirtboy
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To: liberalh8ter
Ohhhhhhh! This is getting good. I see this as Holder separating himself and the DOJ from Obama, Kagan and Jarrett.

And at the Fast and Furious hearing, he's trying to debate the meaning of the word "lie."
As in......"Do you mean the "is" that is now, or the "is" that was the "is" back then?"

12 posted on 12/09/2011 6:51:23 AM PST by concerned about politics ("Get thee behind me, Liberal")
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To: liberalh8ter
Ohhhhhhh! This is getting good. I see this as Holder separating himself and the DOJ from Obama, Kagan and Jarrett.

And at the Fast and Furious hearing, he's trying to debate the meaning of the word "lie."
As in......"Do you mean the "is" that is now, or the "is" that was the "is" back then?"

13 posted on 12/09/2011 6:51:41 AM PST by concerned about politics ("Get thee behind me, Liberal")
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To: concerned about politics

the media have and are playing their part for the re-election of their messiah, they invested a lot of time building him and they will not let him down at all.

I just wish our side had some balls and would call them out now and don’t let up.
The MSM are ignoring for the most part the green energy scam, pay back with our tax money to donors story.
Billions went out to donors and nothing from the media.

The gun running , death of 200 Mexicans, our border agents.Hell even a NY congresswoman was asked about this and she had not even heard of fast and furious

The lying by this DOJ, the dropping charges of the black racists at philly outside the voting station.

The whole list is endless , even the lat night shows ignore obama’s stupidity with his 57 states, his muslims faith, his vacations, Asia for HI etc etc etc.

The MSM used to try and tell us they were not biased but they don’t even bother any more hiding their bias, They have become a propaganda wing for the left and it is up to our side to get the facts out and tell the public how the MSM is.


14 posted on 12/09/2011 7:00:55 AM PST by manc (Marriage is between one man and one woman.Trolls get a life, I HATE OUR BIAS LIBERAL MEDIA.)
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To: concerned about politics

He was asked what is the difference between lie and mislead and this lying sack of crap is trying to give a definition.

It’s lying and thus perjury.

All of the GOP needs to call for him to go and the reason why the left wants him there is because elections are coming up and Holder is ready to sue states for asking for ID, get more illegals to vote and put in false charges to republicans.


15 posted on 12/09/2011 7:05:05 AM PST by manc (Marriage is between one man and one woman.Trolls get a life, I HATE OUR BIAS LIBERAL MEDIA.)
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To: manc
The MSM used to try and tell us they were not biased but they don’t even bother any more hiding their bias, They have become a propaganda wing for the left and it is up to our side to get the facts out and tell the public how the MSM is.

I think this explains Newts rise in the polls. The media is no longer trusted, and Newt doesn't seem to be afraid of them like the others.
Take the Donald Trump debate, for example. The MSM immediately came out trashing Trump and anyone who'd take him seriously. All the candidates ran and hid except for two. ONLY TWO were willing to give the MSM the finger. In fact, these two laughed in their face.

We need a president, like Regan, who'll not let the left wing media set his/her agenda or strike fear in their hearts. So far, only two are passing the test.

16 posted on 12/09/2011 7:15:29 AM PST by concerned about politics ("Get thee behind me, Liberal")
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To: 1010RD; Allegra; big'ol_freeper; Lil'freeper; TrueKnightGalahad; blackie; Cincinatus' Wife; ...
Re: GOP questions ‘two-month gap’ in Kagan’s health care involvement

Take it from me, Freepers, those gaps... are career killers!

17 posted on 12/09/2011 7:23:34 AM PST by Bender2 ("I've got a twisted sense of humor, and everything amuses me." RAH Beyond this Horizon)
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To: manc
He was asked what is the difference between lie and mislead and this lying sack of crap is trying to give a definition. It’s lying and thus perjury.

Roger Clemens, 48, is charged with lying to Congress when he emphatically denied accusations by a former trainer who told House investigators and members of Congress that he personally injected the pitching great with illegal steroids and human growth hormone, all banned by Major League Baseball.
In all, Clemens is charged with six criminal counts, including obstruction of Congress.
If convicted, Clemens faces the permanent stain of a felony record and up to 21 months in prison under federal sentencing guidelines.

18 posted on 12/09/2011 7:24:22 AM PST by concerned about politics ("Get thee behind me, Liberal")
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To: 1010RD

If Kagan recuses herself, I’ll make a $50 donation to FR.

She’s a corruptoRAT. Safest bet I’ve made in some time.

If, via a major miracle, she DOES recuse herself, I’ll gladly pay up.


19 posted on 12/09/2011 8:30:37 AM PST by upchuck (Let's have the Revolution NOW before we get dumbed down to the point that we can't.)
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To: concerned about politics

EXACTLY....Newt is being smart making himself an enemy of the media....


20 posted on 12/09/2011 8:41:57 AM PST by goodnesswins (Bad planning on your part does not constitute an emergency on mine....)
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