Skip to comments.Internal DOJ Email: Kagan Was Brought Into Loop on Mark Levinís Obamacare Complaint
Posted on 12/09/2011 2:03:58 PM PST by Sub-Driver
nternal DOJ Email: Kagan Was Brought Into Loop on Mark Levins Obamacare Complaint By Terence P. Jeffrey December 9, 2011
(CNSNews.com) - Internal Justice Department email communications made just days before the House of Representatives passed the Patient Protection and Affordable Care Act show that then-Solicitor General Elena Kagan was brought into the loop as DOJ began preparing to respond to an anticipated legal complaint that Mark Levin and the Landmark Legal Foundation were planning to file against the act if the House used a procedural rule to deem the bill passed even if members never directly voted on it.
In another internal DOJ email communication that same week, Kagan alerted the chief of DOJs Office of Legal Counsel to the constitutional argument that a former U.S. Appeals Court judge was making against the use of this rule.
Then, during Kagans Supreme Court confirmation process four months later, Republicans on the Senate Judiciary Committee asked her in writing if she had ever been asked about your opinion or offered any view or comments on the the underlying legal or constitutional issues related to any proposed health care legislation, including but not limited to Pub. L. No. 111-148 [PPACA], or the underlying legal or constitutional issues related to potential litigation resulting from such legislation?"
Kagan answered both questions: No.
(Excerpt) Read more at cnsnews.com ...
Fat chance of that happening.
Paging Congressman Issa ...
Gee, what’s the penalty for perjury before the Senate Judiciary Committee? This would be a very interesting legal battle.
OK folks, come on why do you think she was nominated in the first place........My opinion is for this very case. You know, friends on the inside...........
Kagan lied to Congress. That is a Federal felony, the penalty of which is time in a Federal penitentiary.
Congress should impeach her and she should spend time in the Gray Bar Hotel.
Mark Levin fighting for us on all fronts!
She might actually enjoy being in jail...
That may be true, but it is not indicated by the present evidence. She was asked her opinion of the "deeming" - that is a far different question than the constitutionality of the act itself. I have not read the briefs, but it seems to me the Court has granted a hearing on two major subject: 1.) the constitutionality of the individual mandate; and 2.) the severability of the mandate from the Act. I have not read anything to indicate the court will hear arguments about whether the legislative process was valid.
I think Kagan should recuse herself - but this email is irrelevant. I think it is a reasonable interpretation of the Congressional Question to believe it was concerned with the Act itself - not the process of its passage. The process is moot to the scheduled Supreme Court hearings.
However, the 2 month gap ...
You mean Gay Bar Hotel? :-)
I do not believe all the email to be irrelevant.
She stated emphatically to Republicans on the Senate Judiciary Committee when they asked her in writing if she had ever been asked about your opinion or offered any view or comments on the the underlying legal or constitutional issues related to any proposed health care legislation, including but not limited to Pub. L. No. 111-148 [PPACA], or the underlying legal or constitutional issues related to potential litigation resulting from such legislation?”
I think that’s pretty clear she was asked about more than just “constitutionality of the act itself”.
“In another internal DOJ email communication...Kagan alerted the chief of DOJs Office of Legal Counsel to the constitutional argument that a former U.S. Appeals Court judge was making against the use of this rule.
She lied to Congress, period.
The press, if it were independent, should be hardline on this.
Whether or not it’s perjury depends on her state of mind at the time. Thus spake Lord Holder.
This needs to be picked up by all conservative media.
Not only should Kagan be forced to recuse herself, she MUST answer to somebody for her lies on the matter of her involvement.
Who can “impeach” her?
“...Who can impeach her?...”
“We The People” can impeach her
via our elected representatives
in the House of Representatives.
put it on ice for a bit and hold the hearings when the supreme court is in process of reviewing this item. Then, after we take the senate and presidency, remove her ass from the bench and appoint Ted Nugent in her place.