With each batch of documents exposed by new Freedom of Information requests, the case for Supreme Court Justice Elena Kagan’s recusal — or perhaps even impeachment — becomes more clear.
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 DOJ’s Office of Legal Counsel to the constitutional argument that a former U.S. Appeals Court judge was making against the use of this rule.
During her confirmation process four months later, Kagan asserted in writing that she had neither been asked her opinion nor offered any view or comments regarding “the underlying legal or constitutional issues related to any proposed health care legislation, including but not limited to [PPACA], or the underlying legal or constitutional issues related to potential litigation resulting from such legislation“.
Kagan answered both questions: “No.”
And the emails appear to prove that she lied under oath.
A federal law—28 U.S.C 455—says that a Supreme Court justice must recuse from “any proceeding in which his impartiality might reasonably be questioned” or if he “expressed an opinion concerning the merits of the particular case in controversy” while he “served in governmental employment.”
Even more troubling is the fact that the Holder Justice Department is redacting documents and even withholding critical evidence of Kagan’s relationship with the defense of Obamacare.
If Kaga is impeached and convicted, can the president pardon her in a way that it is like she was never charged? I forget what the term is called. If he does this, she would be able to continue being a Supreme Court justice. Since he knows he won’t be running for office again, I am guessing this is being considered.
She committed perjury. Perjury is considered a felony. Clinton was impeached and disbarred for committing perjury. Do we give Supreme Court Justices dispensation for committing perjury?
If the highest court in the land allows its members to commit perjury with impunity, our whole legal system is circumspect. This is an outrage, and if she has a shred of decency, she will retire from the court before she humiliates and belittles the whole concept of Justice in America.
@Skook: #2
You have to be joking. She worked for Obama.
Kagan does not recuse. She is the lynchpin to saving Obamacare. The administration will use all means available to save her and her vote for citizen-slavery. Impeachment is even less likely, obviously. Either Americans awake and throw out the elites or we are doomed. I’ve been around D.C. power folks, they will make your skin crawl. Their world is completely foreign to ours, and they look upon citizens as dumb brutes to be led as cattle.
Their priority of perfection through control of the citizenry is in direct conflict with our belief that freedom is more important than ordered complacency. Liberty is messy and imperfect. It is also the desired state of most humans. The power-mad scolds will never give up their quest for control. We must beat them back in the upcoming election. The congressional races are probably more important than the presidency.
@Smorgasbord: I don’t think that’s how it works. You can pardon someone to stop plain old criminal prosecution, but the President hasn’t the authority to stop or reverse an impeachment. On the other hand, I am not a constitutional scholar, so don’t take my word for it…
Thank you Meremortal, for the sobering news, the realization that the Elites are already in power and so close to totalitarian control is horrifying. We should be in the streets of Washington demanding that Kagan recuse herself and be disbarred. If she stays, we may have already lost control of the Republic.
Skook, they have been running the show for decades. It has taken them this long to deatroy what was built before they came. They train their children to follow them into the bowels of government. These bureaucrats watch presidents come and go, mostly with impunity. They are happier under Democrats as their funding increases faster. But they survive Republican administrations with little or no damage despite their caterwauling which would lead you to believe they are being drawn and quartered. We focus on the presidency while the entire structure is rotten. The problems go much deeper than the politicians, bad as they are.
@bbartlog: #5
I’m talking about if Kagan is CONVICTED. Expunged is the word I was looking for. I think all courts can do this, but I know most of them can. One reason for this is if it is obvious someone was wrongly convicted, the charge won’t show up on any police or court search.
what did you expect from a pig.