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Kagan Celebrated Obama-Care Vote In Email

From those go-getters at CNS News:

Kagan to Tribe on Day Obamacare Passed: ‘I Hear They Have the Votes, Larry!! Simply Amazing.’

By Terence P. Jeffrey
November 10, 2011

(CNSNews.com) – On Sunday, March 21, 2010, the day the House of Representatives passed President Barack Obama’s Patient Protection and Affordable Care Act, then-Solicitor General Elena Kagan and famed Supreme Court litigator and Harvard Law Prof. Laurence Tribe, who was then serving in the Justice Department, had an email exchange in which they discussed the pending health-care vote, according to documents the Department of Justice released late Wednesday to the Media Research Center, CNSNews.com’s parent organization, and to Judicial Watch.

“I hear they have the votes, Larry!! Simply amazing,” Kagan said to Tribe in one of the emails.

The Justice Department released a new batch of emails on Wednesday evening as its latest response to Freedom of Information Act requests filed by CNSNews.com and Judicial Watch.

But where are the FOIA requests from the AP and the New York Times? (Just kidding.)

Both organizations filed federal lawsuits against DOJ after the department did not initially respond to the requests. CNSNews.com originally filed its FOIA request on May 25, 2010–before Elena Kagan’s June 2010 Supreme Court confirmation hearings.

What prompt service.

The March 2010 email exchange between Kagan and Tribe raises new questions about whether Kagan must recuse herself from judging cases involving the health-care law that Obama signed–and which became the target of legal challenges–while Kagan was serving as Obama’s solicitor general and was responsible for defending his administration’s positions in court disputes.

According to 28 USC 455, a Supreme Court justice must recuse from “any proceeding in which his impartiality might reasonably be questioned.” The law also says a justice must recuse anytime he has “expressed an opinion concerning the merits of the particular case in controversy” while he “served in governmental employment.”

In response to questions from CNSNews.com, Prof. Tribe said on Thursday that other than the references in his email exchange with Kagan on March 21, 2010, he never had any communications with Elena Kagan while she was solicitor general relating to pending or enacted health-care legislation or actual or anticipated health-care related litigation. Tribe also said he sees no reason to believe 28 USC 455 would require Kagan’s recusal from cases involving PPACA.

Laws are for the little people – like Republicans.

The March 21, 2010 email exchange between Kagan and Tribe was started by Tribe who addressed an email to Kagan at her Justice Department email account…

The subject line on Tribe’s email reads: “fingers and toes crossed today!”—an apparent reference to the unusual Sunday vote on the health-care bill that would occur later that day in the House. In the email, Tribe reminded Kagan of a dinner meeting they had to postpone and suggested they reschedule it.

Kagan responded to the message in a return email that is addressed solely to Tribe. The subject line on this Kagan-to-Tribe email is: “Re: fingers and toes crossed today!”

Kagan punctuated the first sentence of this email to Tribe with two exclamation marks: “I hear they have the votes, Larry!! Simply amazing.”

Tribe responded by return email, carbon copying an individual or individuals whose names have been redacted by the Justice Department. This message was sent at 5:06 p.m.

“So health care is basically done!” Tribe wrote to Kagan in this message. “Remarkable." And with the Stupak group accepting the magic of what amounts to a signing statement on steroids!”

The “Stupak group” is a reference to then-Rep. Bart Stupak (D-Mich.), who led a group of House Democrats who had indicated they would not vote for the Patient Protection and Affordable Care Act if it permitted federal funds to pay for abortions.  Stupak and his allies decided to vote for the bill, even though no additional language would be added to it prohibiting abortion funding, after President Obama agreed to sign an executive order the administration said would prevent federal funding from going to abortions…

Meanwhile, the Politico is reporting:

No sign Elena Kagan, Clarence Thomas will recuse on health care law

Josh Gerstein
November 14, 2011

When the Supreme Court announced Monday that it will review President Barack Obama’s health care reform law this term, Justice Elena Kagan gave no indication that she will recuse herself from the cases the court plans to hear.

In its orders issued Monday morning, the Supreme Court granted certiorari on a lawsuit brought by 26 states and another suit brought by the National Federation of Independent Business. The court indicated it will hear five-and-a-half hours of argument on the cases, probably early next year with a decision before the court recesses in June.

The orders were not accompanied by the statement the court customarily issues when a justice indicates he or she will not participate in future proceedings related to a case. Indeed, the notation that "Justice Kagan took no part in the consideration or decision" appears alongside the orders issued by the court Monday on six other matters, but not the health care cases

What a surprise, huh?

This article was posted by Steve on Tuesday, November 15th, 2011. Comments are currently closed.

4 Responses to “Kagan Celebrated Obama-Care Vote In Email”

  1. Tater Salad says:

    “Simply Amazing” and she lied during her conformation hearing. With that said, what is the recourse to remove her from the bench for good …………for lying while under oath!

    • JohnMG says:

      She’s a Democrat. That assures her bonafides.

      Like I said on another thread, we’re screwed. Even the courts ignore the rule of law……their sole purpose for existing as a co-equal branch of government.

  2. Tater Salad says:

    Elena Kagan was appointed by a complete fraud:

    The plot has now thickened:

    An intensive investigation has revealed the identity of the man whose Social Security number (SSN) is being used by President Obama: Jean Paul Ludwig, was born in France in 1890, immigrated to the United States in 1924, and was assigned SSN 042-68-4425 (Obama’s current SSN) on or about March 1977. Ludwig lived most of his adult life in Connecticut. Because of that, his SSN begins with the digits 042, which are among only a select few reserved for Connecticut residents. (The first three digits of a Social Security number indicate the area that issued it, pretty much like zip codes. I knew a gal from Main whose # started with 003.)

    Obama never lived or worked in that state! Therefore, there is no reason on earth for his SSN to start with the digits 042. None whatsoever!

    Now comes the best part! Ludwig spent the final months of his life in Hawaii, where he died.

    Conveniently, Obama’s grandmother, Madelyn Payne Dunham, worked part-time in the Probate Office in the Honolulu Hawaii Courthouse and, therefore, had access to the SSNs of deceased individuals.

    The Social Security Administration was never informed of Ludwig’s death and, because he never received Social Security benefits, there were no benefits to stop – therefore, no questions were ever raised.

    The suspicion, of course, is that Dunham, knowing her grandson was not a U. S. Citizen, (either because he was born in Kenya or because he became a citizen of Indonesia upon his adoption by Lolo Soetoro) simply scoured the probate records until she found someone who died who was not receiving Social Security benefits. She selected Mr. Ludwig’s SSN from Connecticut for Barry Soetoro, AKA Barak Obama.

    Just wait until Trump gets past the birth certificate and onto the issue of Barry O’s use of a stolen SSN. You will see leftist heads exploding, because they will have no way of defending Obama. Although many Americans do not understand the meaning of the term “natural born,” there are few who do not understand that if you are using someone else’s SSN it is a clear indication of fraud.

    Let’s all get this information out to everybody on our mailing lists. If the voters of this great nation can succeed in bringing this lying, deceitful, cheating, corrupt, impostor to justice it will be the biggest and best news in decades for our country and the world.

    “Don’t worry about old age–it doesn’t last that long.”

    • David says:

      Jean Paul Ludwig died in Hi in 87. His SS was 045-26-8722. The official record can be found here: http://ssdi.rootsweb.ancestry.com/cgi-bin/ssdi.cgi?ssn1=045&ssn2=26&ssn3=8722
      While it is odd that that Obama has a CT code for his first three for his SS, it is just as easily a filling mistake as a plot and proves nothing. Obama is an American fool. I think 6 weeks of OWS has provided enough evidence that we produce plenty of idiots here without having to import them from the Philippians.

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