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Justice KAGAN CRAFTED LEGAL DEFENSE for OBAMACARE: #2

Justice KAGAN CRAFTED LEGAL DEFENSE for OBAMACARE: #2

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Published by Levitator
KAGAN IS COMPROMISED:

On March 21, 2010, Katyal urged Kagan to attend a health care litigation meeting that was evidently organized by the Obama White House: “This is the first I’ve heard of this. I think you should go, no? I will, regardless, but feel like this is litigation of singular importance.”

In another email exchange that took place on January 8, 2010, Katyal’s Department of Justice colleague Brian Hauck asked Katyal about putting together a group to discuss challenges to Obamacare. “Could you figure out the right person or people for that?” Hauck asked. “Absolutely right on. Let’s crush them,” Katyal responded. “I’ll speak with Elena and designate someone.”

However, following the May 10, 2010, announcement that President Obama would nominate Kagan to the U.S. Supreme Court, Katyal position changed significantly as he began to suggest that Kagan had been “walled off” from Obamacare discussions…

“Any reasonable person would read these documents and come to the same conclusion: Elena Kagan helped coordinate the Obama administration’s defense of Obamacare. And as long as the Justice Department continues to withhold key documents, the American people won’t know for sure whether her involvement would warrant her recusal from any Obamacare litigation that comes before the High Court,” said Judicial Watch President Tom Fitton.

March 21, 2010 was the day ObamaCare passed the House and, for all intents and purposes, became law. It’s hard to believe Kagan, as solicitor general, wouldn’t have showed up for a legal strategy session held that day, let alone at any point over the previous six months as the bill was working its way through Congress. But here’s the excuse they’re going to offer the public:

On May 17, 2010, for example, Tracy Schmaler, a Department of Justice spokesperson wrote to Katyal, “Has Elena been involved in any of that to the extent SG office was consulted … ?”

“No, she has never been involved in any of it. I’ve run it for the office, and have never discussed the issues with her one bit,” was Katyal’s response. He then forwarded the correspondence to Kagan, saying “This is what I told Tracy about Health Care.”

Kagan’s response: “This needs to be coordinated. Tracy you should not say anything about this before talking to me.”

Other email chains between Kagan, White House lawyers and Vice President Joe Biden’s then-Chief of Staff Ronald Klain show a coordinated effort on how to respond to questions about the health-care law that may have arisen in the confirmation hearings.

Just so we’re straight on the timeline here: On March 21, the day ObamaCare was passed, Katyal is inviting Kagan to strategy sessions about the new law. On April 9, John Paul Stevens resigns and speculation erupts about Kagan succeeding him. On May 17, Katyal is suddenly telling people that Kagan’s never been involved in anything — even though she is, in fact, the solicitor general of the United States and even though he explicitly invited her to a meeting about the law less than two months earlier — and Kagan is warning people via e-mail to make sure everyone has their story straight on what she knew by “coordinating.” Is that about right? I want to make sure we’re all square on this nonsense for when the mandate challenge finally reaches the Court and we’re told by her office that everything is magically copacetic.

http://www.judicialwatch.org/news/2011/may/documents-raise-questions-about-supreme-court-justice-kagan-s-role-obamacare-defense-s
KAGAN IS COMPROMISED:

On March 21, 2010, Katyal urged Kagan to attend a health care litigation meeting that was evidently organized by the Obama White House: “This is the first I’ve heard of this. I think you should go, no? I will, regardless, but feel like this is litigation of singular importance.”

In another email exchange that took place on January 8, 2010, Katyal’s Department of Justice colleague Brian Hauck asked Katyal about putting together a group to discuss challenges to Obamacare. “Could you figure out the right person or people for that?” Hauck asked. “Absolutely right on. Let’s crush them,” Katyal responded. “I’ll speak with Elena and designate someone.”

However, following the May 10, 2010, announcement that President Obama would nominate Kagan to the U.S. Supreme Court, Katyal position changed significantly as he began to suggest that Kagan had been “walled off” from Obamacare discussions…

“Any reasonable person would read these documents and come to the same conclusion: Elena Kagan helped coordinate the Obama administration’s defense of Obamacare. And as long as the Justice Department continues to withhold key documents, the American people won’t know for sure whether her involvement would warrant her recusal from any Obamacare litigation that comes before the High Court,” said Judicial Watch President Tom Fitton.

March 21, 2010 was the day ObamaCare passed the House and, for all intents and purposes, became law. It’s hard to believe Kagan, as solicitor general, wouldn’t have showed up for a legal strategy session held that day, let alone at any point over the previous six months as the bill was working its way through Congress. But here’s the excuse they’re going to offer the public:

On May 17, 2010, for example, Tracy Schmaler, a Department of Justice spokesperson wrote to Katyal, “Has Elena been involved in any of that to the extent SG office was consulted … ?”

“No, she has never been involved in any of it. I’ve run it for the office, and have never discussed the issues with her one bit,” was Katyal’s response. He then forwarded the correspondence to Kagan, saying “This is what I told Tracy about Health Care.”

Kagan’s response: “This needs to be coordinated. Tracy you should not say anything about this before talking to me.”

Other email chains between Kagan, White House lawyers and Vice President Joe Biden’s then-Chief of Staff Ronald Klain show a coordinated effort on how to respond to questions about the health-care law that may have arisen in the confirmation hearings.

Just so we’re straight on the timeline here: On March 21, the day ObamaCare was passed, Katyal is inviting Kagan to strategy sessions about the new law. On April 9, John Paul Stevens resigns and speculation erupts about Kagan succeeding him. On May 17, Katyal is suddenly telling people that Kagan’s never been involved in anything — even though she is, in fact, the solicitor general of the United States and even though he explicitly invited her to a meeting about the law less than two months earlier — and Kagan is warning people via e-mail to make sure everyone has their story straight on what she knew by “coordinating.” Is that about right? I want to make sure we’re all square on this nonsense for when the mandate challenge finally reaches the Court and we’re told by her office that everything is magically copacetic.

http://www.judicialwatch.org/news/2011/may/documents-raise-questions-about-supreme-court-justice-kagan-s-role-obamacare-defense-s

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Published by: Levitator on May 21, 2011
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06/12/2011

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IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLUMBIA____________________________________)MEDIA RESEARCH CENTER,))Plaintiff,))Civil Actionv.)No. 10-2013 (ESH))U.S. DEPARTMENT OF JUSTICE;)THE SOLICITOR GENERAL)OF THE UNITED STATES,))Defendants.)____________________________________)
DECLARATION OF VALERIE H. HALLIN SUPPORT OF DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
I, Valerie H. Hall, declare the following to be true and correct:1.I am the Executive Officer of the Office of the Solicitor General (“OSG”), United StatesDepartment of Justice (“DOJ”). I have served in this role since December 2009.(a)In my position as Executiver Office of the OSG, I am responsible for the day-to-day administrative operations of the OSG. I am responsible for managing theadministrative functions of the office, including human resources, informationtechnology (“IT”), personnel security, financial management and budget, andproperty management.(b)I also serve as the Freedom of Information Act (“FOIA”) Officer for the OSG. Inthis role, I am resposible for managing the FOIA requests submitted to the OSG,and ensuring our response to those requests. This includes meeting with the OSGstaff member(s) to whom a request has been assigned for response, supervisingthe development and execution of a strategy and individualized approach for
Case 1:10-cv-02013-ESH Document 10-3 Filed 03/15/11 Page 1 of 126
 
2responding to each FOIA request, and ensuring cooperation from OSG staff andofficials at every level of the OSG whenever necessary.(c)Prior to joining OSG as Executive Office, I was employed with another executivebranch federal agency for 23 years, where I worked the areas of administration,management and litigation support, and financial management and budget.2.I make the statements herein on the basis of personal knowledge, as well as oninformation acquired by me in the course of performing my official duties.
Office of the Solicitor General of the United States
3.The Office of the Solicitor General of the United States is primarily responsible forconducting litigation on behalf of the United States and its agencies in the Supreme Courtof the United States, determining whether the government will appeal or seek furtherreview in cases involving the United States in the lower federal courts, and generallysupervising the government’s handling of litigation in the federal appellate courts. Thegeneral functions of the Office are: (1) to conduct or assign and supervise all SupremeCourt cases, including appeals, petitions for writs of 
certiorari
and briefs in oppositionthereto, and merits briefs and oral arguments; (2) to determine whether, and to whatextent, the government will seek review in any appellate courts (including petitions forrehearing
en banc
and petitions to such courts for the issuance of extraordinary writs); (3)to determine whether the government will file a brief as amicus curiae or whether thegovernment will intervene in any appellate court or in any trial court in which theconstitutionality of an Act of Congress is challenged; and (4) to assist the AttorneyGeneral and the Deputy Attorney General in the development of broad Department of Justice program policy.
See
28 CFR § 0.20.
Case 1:10-cv-02013-ESH Document 10-3 Filed 03/15/11 Page 2 of 126
 
34.The Solicitor General of the United States is nominated by the President of the UnitedStates and confirmed by a vote of the United States Senate. President Barack Obamanominated Elena Kagan as Solicitor General; the Senate voted to confirm Ms. Kagan asSolicitor General on March 19, 2009. Ms. Kagan served as Solicitor General fromMarch 20, 2009, when she took the oath of office as Solicitor General, until August 7,2010, when she was sworn in as Associate Justice of the United States Supreme Court, aposition for which President Obama nominated Ms. Kagan on May 10, 2010. From May12, 2010, until August 7, 2010, while Ms. Kagan was preoccupied by the U.S. Senateconfirmation process, Neal Katyal served as Acting Solicitor General on matters inlitigation. After August 7, 2010, he became Acting Solicitor General and he continues tohold that position as of the date of this declaration.5.The Solicitor General of the United States is assisted in the conduct of the legal work othe OSG by staff attorneys who participate in the preparation of petitions, briefs, andother papers filed by the government in the Supreme Court.(a)There are four Deputy Solicitors General, one of whom is designated as thePrincipal Deputy Solicitor General. The remaining staff attorneys in the OSG areAssistants to the Solicitor General and five recent law-school graduates who serveis one-year positions.(b)The name of the Solicitor General (or Acting Solicitor General) appears in thesignature block of every document that the OSG files in the Supreme Court. Formany filings with the Court, the signature block also contains the names of aDeputy Solicitor General and an Assistant to the Solicitor General; the signatureblocks for these filings may also contain the name or names of other Department
Case 1:10-cv-02013-ESH Document 10-3 Filed 03/15/11 Page 3 of 126

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