The U.S. Department of Justice is refusing to comply with a request from the House Judiciary Committee to provide the committee with documents and witness interviews that the committee believes, as Chairman Lamar Smith (R.-Texas) put it in a letter to Attorney General Eric Holder, would allow the panel “to properly understand any involvement by Justice Kagan in matters relating to health care legislation or litigation while she was Solicitor General.”
The committee initially made the request in a July 6 letter that Smith sent directly to Attorney General Eric Holder.
The Justice Department rejected the request in a return letter that Assistant Attorney General Ronald Weich sent to Smith on Oct. 27.
Smith then sent his own return letter to Attorney General Holder on Oct. 28 asking that Holder’s Justice Department either comply with the committee’s original request for Kagan-related documents and interviews by Nov. 4 or else assert the legal privilege it was claiming in refusing to comply.
According to the House Judiciary Committee, the Nov. 4 deadline came and went and DOJ did not respond to Smith’s Oct. 28 letter to Holder.
On Tuesday, when Holder testified before the Senate Judiciary Committee, Sen. Mike Lee (R-Utah) questioned Holder on the matter.
“I’m not familiar with that request. I’d have to look at it,” said Holder. “I’m just not familiar with the request that has been made or what materials have been sought in that regard.”
At issue in the House Judiciary Committee’s request for documents and interviews is whether Kagan needs to recuse herself from judging Supreme Court cases related to the health care law President Obama signed when she was Obama’s solicitor general and whether Kagan was accurate in answering questions posed by members of the Senate Judiciary Committee during her confirmation hearings.
A federal law, 28 USC 455, states certain circumstances when a Supreme Court justice must recuse from a case. These include “any proceeding in which his impartiality might reasonably be questioned” and anytime he has “expressed an opinion concerning the merits of the particular case in controversy” while he “served in governmental employment.” In the questionnaire that Kagan filled out for the Senate Judiciary Committee, Kagan affirmed that she would abide by the “letter and spirit” of this law.
If any SCOTUS Justice should ever be sunk by an extra exclamation point, Kagan is it.
Unfortunately, if she doesn’t recuse herself, there’s not much any of us can do. One of the drawbacks of letting your country be run by a judicial oligarchy, I guess.
Unfortunately, if she doesn’t recuse herself
Good one, Jeff. I needed a laugh this morning.
Watch them now try to get Thomas out.
All our hopes on getting Obamacare tossed rest with Kennedy. Roberts and Alito are not even guaranteed (we have a lot of statists on the Court).
Although Althouse thinks that because the reversal of Obamacare may help Obama get reelected, it might just happen. http://althouse.blogspot.com/2011/11/supreme-court-takes-obamacare-case.html I am not so sure that guarantees over turning Obamacare at the Supremes, but we will see.
Obamacare is so bad I do not care how it goes (juidically or legislatively) so long as it goes.
Holder denies knowing …. Kagan? Let’s assume for a second that Holder just completely deny knowing Kagan.
The MBM would ask Obama: are Republicans “crazy, stupid, or racist in doubting Holder when he says he doesn’t know Kagan?”
Charles Blow would question whether a white man would be doubted if he as Attorney General denied knowing the Solicitor General.
Maureen Dowd would hear a silent “boy” at the end of the question.
Joe Scarborough would reluctantly remind us that Bush denied knowing Harriett Miers first.
Joe Biden would say that questioning whether or not Holder is lying is causing rapes in Sheboygan.
Darryl Issa would produce 3,467 photos and emails of Holder and Kagan talking, having dinner, and writing the health care law together, leading The New York Times to finally acknowledge this controversy by sending 13 reporters out West to see just what Issa was covering-up.
So she’s already started rationalizing voting for him again?
Its really heartening to know that our attorney general pretty much knows nothing that goes on in the justice department. At least that’s my take based on all of his testimony. Holder don’t know shite.
“I did not have political relations with that bill, ObamaCare.”
ZOMFG I am crossing my fingers and toes in anticipation of passing this ACA!!!!! We finally have the votes. Not that I have an opinion on it, I just think it is great we can pass any legislation.
Now, I need to email Kaytal to set up meetings about how to defend this new law that I have no opinion on.
/spit
Good Allah, I cannot stand these people.