Documents Show Elena Kagan’s Conflict of Interest on ObamaCare

Ben Johnson, The White House Watch

Documents uncovered by a legal watchdog group prove Supreme Court Justice Elena Kagan was involved in the Obama administration’s legal defense of the Patient Protection and Affordable Care Act, otherwise known as “ObamaCare.”

Judicial Watch has released a number of administration communiqués that show Kagan, who was then Solicitor General, presided over the president’s response to lawsuits asserting the government health care bill is unconstitutional.

On January 8, 2010, Brian Hauck, Senior Counsel to Associate Attorney General Thomas Perrelli, wrote to Kagan’s deputy, Neal Katyal, asking for the office’s assistance in “how to defend against the inevitable challenges to the health care proposals that are pending.” Three minutes later, Katyal replied, “Absolutely right on. Let’s crush them. I’ll speak with Elena and designate someone.” After Katyal volunteered, Kagan responded, “You should do it.”[1]

A few hours later, Katyal updated Hauck, writing, “Brian, Elena would definitely like OSG [the Office of Solicitor General] to be involved in this set of issues.” Katyal added,”I will handle this myself, along with an Assistant from my office, (Name RedactedBJ), and we will bring Elena in as needed.”(Emphasis added.)

The Justice Department continues to withhold a series of e-mails that would disclose Kagan’s exact role in the negotiations. However, it has turned over the Vaughn index, which describes the items being stonewalled in general terms. These include….

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Issa: Obama Punishes a Whistleblower

Ben Johnson, FloydReports.com

Congressman Darrell Issa has written a scathing five-page letter to the Department of Homeland Security stating it demoted an employee who blew the whistle on the department’s illegal stonewalling of Obama’s political foes. Issa, who is the chairman of the House Oversight and Government Reform Committee, wrote to Janet Napolitano that the action had the appearance of “retaliation” and that “Obstructing a congressional investigation is a crime.”

Issa states that Catherine Papoi, who was DHS deputy unit chief in charge of the Freedom of Information Act, was passed over for a promotion and forced to vacate her office the day after she met with investigators.

Ironically, the Associated Press reported the story the same day Barack Obama was set to receive an award for government transparency to kick off “Sunshine Week.” Obama canceled the event.

Last March, Papoi went to the DHS Inspector General to complain of “hundreds” of cases of illegal stonewalling. The IG report has yet to be released a year later. She then turned to Issa.

Papoi said officials are “breaking the law by knowingly and intentionally delaying and obstructing the release of agency records.”

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Video of the Day: Obama Meets Lobbyists Across the Street to Avoid Transparency