KAGAN UNDER INVESTIGATION?

From the Desk of:
David Martin, Executive Vice President
Media Research Center

July 7, 2011

Lee S,

We wanted to update you on our ongoing efforts to uncover the truth about Justice Elena Kagan’s involvement in ObamaCare before being appointed to the Supreme Court.  As you know, 27 states have filed lawsuits challenging the law’s constitutionality and it is expected that those suits will ultimately be decided in the Supreme Court.

Today our fight for transparency won a major victory.  Citing information uncovered over the past year by CNSNews.com (a division of the Media Research Center), 49 Members of Congress have sent Judiciary Committee Chairman Lamar Smith a letter requesting that his committee open an investigation into discrepancies between sworn statement by Ms. Kagan and emails that she sent while Solicitor General in the Obama Administration.

As a result of our research and this letter from 49 Congressman, Chairman Smith has sent Attorney General Holder a letter to inform him that he has until July 29th to arrange interviews with Solicitor General Kagan’s former staff members and provide the rest of the documents that were withheld by the Justice Department in their response to CNSNews.com’s Freedom of Information Act (FOIA) request.  Implicit in this letter was that a subpoena would be forthcoming if these documents and individuals were not made available.

Please make a contribution to help to fund our ongoing investigation here.

For the last year, CNSNews.com has been fighting to get a full accounting of Justice Kagan’s involvement in preparing to defend ObamaCare from the onslaught of lawsuits that the administration was aware of even before the law passed.  CNSNews.com took the lead by filing a FOIA request and then fighting in federal court to compel the Justice Department to honor it.

In her capacity as Solicitor General, Kagan was the administration's top litigator and typically would have been the point person to defend this law.  There was a seven-week period (March 23 - May 10, 2011) after ObamaCare was passed but before Ms. Kagan was nominated for her position on the Supreme Court.

Were Solicitor General Kagan to have been involved in any planning for the defense of ObamaCare or even to have so much as expressed an opinion on the law’s Constitutionality - she would be required by law to recuse herself from an Supreme Court challenge of ObamaCare.  There exists broad consensus among legal scholars that the fate of ObamaCare will ultimately be decided by the Supreme Court.

Lee S, CNSNews.com will continue to investigate this matter until the truth is uncovered.  We are the ONLY news organization pursuing this. Were it not for our work thus far, Ms. Kagan’s vote on the Constitutionality of ObamaCare would be a foregone conclusion.  

Please take a moment and make a contribution to our Kagan investigation. 

CNSNews.com has already spent considerable sums on our team of investigative reporters and on legal fees for court battles against the Obama Administration and their efforts to block our investigation.

This is truly a David vs. Goliath battle, and we need your help to move forward.

Thank you for your support,

David Martin