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Judicial Watch • Defense Docs Show Kagan Defied Federal Law

Defense Docs Show Kagan Defied Federal Law

Defense Docs Show Kagan Defied Federal Law

JUNE 23, 2010

Hours after a U.S. Senator revealed that Elena Kagan defied federal law by obstructing military activity during wartime a news report exposed the Supreme Court nominee for repeatedly supporting government secrecy as Obama’s solicitor general.

Both revelations are troubling for a Supreme Court nominee best known for helping Bill Clinton cover up scandals as a top lawyer in the impeached president’s White House. The former Ivy League Law School dean is a proven liberal activist and political operative with no judicial experience and a controversial history.

As her Senate confirmation hearings approach, Kagan has already come under fire for a series of scandals. She helped the most investigated president in history stall a sexual-harassment lawsuit and worked behind the scenes to make an illegal real estate scheme (known as Whitewater) disappear for the former commander-in-chief and his equally corrupt wife the former U.S. Senator and current Secretary of State.

Kagan also took millions of dollars from the Saudis as dean of Harvard Law School and a chunk of it reportedly came from 9/11 mastermind Osama bin Laden. Then there are her financial ties to Goldman Sachs, the global investment firm embroiled in a major fraud scandal. Kagan was a handsomely paid “advisor” at the embattled Wall Street titan that donates generously to Democrats and some believe she will be the firm’s “Golden Girl” on the Supreme Court if she gets confirmed.

This week two additional issues have surfaced that continue to shine a negative light on Kagan. As dean of Harvard Law School she defied federal law by deliberately obstructing military activity on the campus, according to documents released this week by a ranking member of the Senate Judiciary Committee. Kagan illegally discriminated against the military and blocked recruiters from the law school, the documents reveal. This forced the Department of Defense to use its legal authority to bring Harvard into compliance.

As Obama’s solicitor general, Kagan repeatedly argued in favor of government secrecy which contradicts the administration’s promise of transparency. In four of five cases involving the Freedom of Information Act (FOIA), Kagan defended government secrecy, according to Justice Department documents cited in a news story. The Supreme Court took her side in those four cases, allowing lower court rulings in the government’s favor stand.


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