COBURN: Thank you. And my — I have two final questions. One, was there at any time — and I’m not asking what you expressed or anything else — was there at any time you were asked in your present position to express an opinion on the merits of the health care bill?
KAGAN: There was not.
Newly released emails prove that this was untrue. From cheerleading the passage of the bill, to helping to coordinate the response, to shushing those who had begun to leave a paper trail of her involvement, Kagan was intimately involved in every aspect of the legal strategy.
Thanks to Judicial Watch, we now have more evidence that Kagan fibbed during her sworn testimony.
• An October 13, 2009, exchange between Kagan and former Deputy Solicitor General Neal Katyal. Katyal informs Kagan, “We just got Snowe on health care,” referring to Senator Olympia Snowe (R-ME). (The bulk of the email exchange reflects a discussion about Kagan, and also provides instructions regarding a hiring decision within the agency, although the nature of the position is unclear. When Katyal asks if Kagan wants to handle the hire via email or in person meeting, Kagan responds, “In person. I’ll call a meeting when I return.”)
• A March 21, 2010, email from Kagan to then-Senior Counselor for Access to Justice Laurence Tribe: “I hear they have the votes Larry!! Simply amazing...” Tribe responds, “So healthcare is basically done! Remarkable.”
• A March 16, 2010, email from Kagan to David Barron, then-acting head of the Justice Department’s Office of Legal Counsel, asked if he had seen an article by Michael McConnell published in the Wall Street Journal that discussed a strategy by Democrats to “‘deem’ ObamaCare into Law without voting.” “Did you seee [sic] Michael McConnell’s piece in the wsj?” Kagan writes in an email with the subject line “Health care q.” “YES, HE IS GETTING THIS GOING,” replied Barron.
Furthermore, these recently released documents had been stonewalled by the Holder Justice Department prior to the Kagan confirmation hearings. Upon receiving the documents, just days after the Obamacare case was accepted for review by the Supreme Court, Sen. Jeff Sessions -- who was the ranking member on the Senate Judiciary Committee during the Kagan confirmation -- said the following:
I am deeply disturbed by these developments and believe that the Justice Department should have provided these documents to the Senate Judiciary Committee during Justice Kagan's confirmation hearing. The Department’s failure to provide this information to Congress and to comply with FOIA requests, as well as your apparent inattention to these matters, is unacceptable.”
There is only one reason that Justice withheld the Kagan documents.
What's been revealed thus far is proof positive that Kagan was not walled off from the legal strategy behind Obamacare and was therefore not truthful during her sworn testimony in front of Congress.
Justice Kagan must recuse herself from the Obamacare case immediately -- or she should be impeached.