Tuesday, December 6, 2011


NEW PETITION!  Ask Congress to impeach Justice Elena Kagan if she refuses to recuse herself from hearing the Obamacare case NFIB v. Sebelius.  Please select, sign, and WE WILL FAX your petition to all 535 members of Congress (saving you time!)  We've already sent 72,000 fax petitions.  Can you help us reach 100,000?

Hearings on Kagan recusal from Obamacare?  AG Holder on hot seat 8 Dec.

After YOU sent tens of thousands of faxes to Congress, the Chairman of the House Judiciary Committee Lamar Smith (R-TX) has subpoenaed President Obama's attorney general Eric Holder and demanded full disclosure of Justice Elena Kagan's role in crafting Obamacare.

Holder is now scheduled to testify before the House Judiciary Committee on 8 Dec. 

In a powerful letter to the Department of Justice, Smith assailed Kagan's bias in deciding the upcoming
Obamacare case NFIB v. Sebelius, when Kagan will rule on a law she helped write, defend, and pass, when serving as solicitor general. Smith's press release:

"Washington, D.C. – House Judiciary Committee Chairman Lamar Smith (R-Texas, pictured right-->) today urged the Obama Administration to provide documents and staff interviews regarding former Solicitor General Elena Kagan’s involvement in the review of President Obama’s health care legislation and anticipated litigation over the constitutionality of its provisions...

"In letters to both Attorney General Eric Holder...Chairman Smith has sought information regarding what role former Solicitor General Kagan may have played in the reviewing and advising the Obama administration on the constitutionality of Obamacare. The Justice Department has not asserted any legal privilege over these documents, but has simply refused to provide Congress with the information on the grounds that it would be 'unseemly' to reply with the request. But perceived unseemliness is not a sufficient justification to refuse to comply with a congressional request.

"Recently released documents show that contrary to claims by administration officials, Ms. Kagan was not 'walled off' from discussions about Obamacare.  Further, they show that she personally supported the legislation.  In a March 21, 2010 email to a Department colleague discussing the legislation, then Solicitor General Kagan wrote, 'I hear they have the votes Larry!! Simply amazing.' 

"This email and the continued refusal of the administration to respond to the requests of Congress only heighten concerns that Solicitor General Kagan may have been involved in privileged discussions regarding the President’s healthcare legislation.

"Chairman Smith:  'The public has a right to know both the full extent of Justice Kagan’s involvement with this legislation while she was Solicitor General, as well as her previously stated views and opinions about the legislation while she was serving as Solicitor General.'"

"Attorney General Eric Holder is scheduled to appear before the House Judiciary Committee on December 8, 2011."

CHAPS COMMENT:  Watch the fireworks with me this Thursday, when Holder is on the hot seat and Congress demands documents about Kagan's refusal to recuse herself from ruling on the Obamacare law she helped write, defend, and pass.

Let's get Chairman Smith more help from EVERY Member of Congress
, by signing here:

SELECT HERE TO SIGN PETITION, and we will instantly fax all 535 Congressmen and Senators demanding impeachment hearings if Justice Elena Kagan does not recuse herself from the Obamacare case NFIB v. Sebelius. (Saving you much time and postage!)

Four Senators demand Kagan recuse Obamacare.  We demand impeachment.

After YOU helped fax thousands of petitions, four top-ranking Republican Senators agreed with us and demanded Justice Kagan recuse herself from the Obamacare case.  In a letter signed by Majority Leader McConnell (R-KY), Whip John Kyl (R-AZ), Ranking Judiciary Grassley (R-IA), and Senator Mike Lee (R-UT), all four rebuked President Obama's Attorney General Eric Holder, who has obstructed justice and blocked Congressional investigation of Kagan's bias in the Obamacare case.   

"Federal law requires recusal from a case if a judicial officer of the United States 'has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case or controversy.' 28 U.S.C. § 455(b)(3). In addition, a federal judge must disqualify herself from participating in a matter if her 'impartiality might reasonably be questioned.' Id. at § 455(a). It appears that former Solicitor General Kagan’s participation in the Obama Administration’s defense of the PPACA may satisfy both requirements for recusal," the letter said.  You can read the Senators' full letter here.

Sadly A.G. Holder continues to stonewall Congressional investigations.  "Unfortunately, your Department has rejected all Congressional oversight requests for information about her role in the Obama Administration's defense of this law [Obamacare]."  While Holder blocks any justice to help Obama, Kagan scored the touchdown by defending Obamacare, and now she acts as the "instant replay referee" to find no flags on her own play.

Her "impartiality" is obviously flawed, as the Senators point to a March 2009 email Kagan sent to DOJ Legal Adviser Larry Tribe concerning Obamacare:  Entitled, "Fingers and toes crossed today!" Kagan emails, "I hear they have the votes, Larry!! Simply amazing."  [How impartial can she be when ruling on this law?]

Political analyist Dick Morris agrees:  "As Solicitor-General, Kagan was the point person for defending the constitutionality of federal law before the Supreme Court.  She was, in effect, the lawyer supporting the Health Care law. How can she now sit in judgment on it?
" Morris has also delivered 19,000+ petitions to Congress, along with our 63,000+.

Can you help us reach 100,000 fax petitions to Congress?  Please sign our fax petition.

SELECT HERE TO SIGN PETITION, and we will instantly fax all 535 Congressmen and Senators demanding impeachment hearings if Justice Elena Kagan does not recuse herself from the Obamacare case NFIB v. Sebelius. (Saving you much time and postage!)

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