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  • What's in the Missing Kagan Documents?

    In the nearly 160,000 pages of recently released documents that relate to Elena Kagan, precious little appears about Paula Jones — even though Kagan was intimately involved in President Clinton’s sexual harassment lawsuit in her capacity in the White House Counsel’s office. Sen. Jeff Sessions (R-AL) today had something to say about that.

    “The people who decide which documents we get are representatives of President Clinton and President Obama,” Sessions told bloggers in a preview to the Kagan confirmation hearings to bloggers. “Would President Clinton want to release something that could cast him in a bad light? Or would President Obama want to release something that could embarrass his nominee?”

    Sessions is not the only person to speculate why representatives of Clinton and the White House decided to withhold for privacy reasons more than 1,500 pages of Kagan documents — the pages that include most details about Kagan’s work on the Jones scandal, according to an Associated Press article.

    “It is hard to fathom how that many pages could be legitimately withheld,” said Curt Levey, executive director of the Committee for Justice. “That leaves incompetence … or a bias against release or something more malevolent as the likely reasons for the large amount of information withheld.”

    The Senate Judiciary Committee should have had some way to examine the unreleased documents, Sessions said — and Levey agrees. Days before the confirmation hearings began, Levey suggested Judiciary Committee members be allowed to view the documents “in camera” — that is, “in a room where they could see but not copy or leave with the documents.”

    Unfortunately, the Judiciary Committee never had that opportunity. And, now, it’s too late.

    “A thorough review of Kagan’s record will not be possible unless Republican senators resolve to use the filibuster or similar procedures in the Judiciary Committee,” Levey said.

    Republicans, of course, have said they don’t plan to filibuster, although Sessions said today he still doesn’t understand why his own Republican colleagues voluntarily took that option off the table.

    If Republicans care to comprehensively examine Kagan, they might reconsider it. After all, as Sessions said, those who were responsible for the release of the Kagan documents aren’t exactly “objective gatekeepers.”

    Cross-posted on the Washington Examiner’s Opinion Zone.

    Posted in Legal [slideshow_deploy]

    13 Responses to What's in the Missing Kagan Documents?

    1. L K Mann says:

      It is not a Japanese oil skimmer. It is Taiwanese oil skimmer.

    2. Mark Lokowich says:

      Let's see if any Senators printed off George Wills' ( "questions for Kagan") http://www.washingtonpost.com/wp-dyn/content/arti…. And more important, any real answers from the nominee.

    3. Todd says:

      I think there could be a number of things at play here.

      1.) Clinton doens't in fact want to "cast him in a bad light".

      2.) Obama probably knows there's a number of thoughts, notes etc. written by Kagan that would essentially sink her nomination and thusly casting himself in a bad light.

      3.) So in order to protect all parties it seems that everyone can stand on the side lines and point fingers at one another. This allows Clinton to save face while being able to say he's not involved in this process as he's no longer President also he can say he's made all of his papers that would/could help available. Also Obama can say that there's just to many documents that nobody could find everything from everyone and lastly he can say President Clinton isn't allowing them to be released if Kagan is in fact not confirmed.

    4. Ace Sez Bishop, Cali says:

      If I were a registered Democrat voter–I'd be thoroughly incensed at the arrogance, stupidity and lack of common sense displayed by the majority of Congressmen and the Senators-about as 'unamerican' as anything could be–can't help wonderin' what these incubents (both parties actually) figure they will find when they've supported Osambo's agenda to sink the USA as the biggest and best Nation in the history of civilization–they will be scrabblin' for food and fuel along with the rest of us—Socialism has never proved productive in the long run anyplace its been the ruling program—because the majority of polticians are law school graduates– Is that the answer? Everyone knows about lawyers !!

    5. Pingback: Must Know Headlines 6.29.2010 — ExposeTheMedia.com

    6. Pingback: Jillian Bandes: Kagan Is Political: Don’t Expect Anything More | MorallyRight.org

    7. Drew Page, IL says:

      Why are the Republicans in the Senate rolling over and playing dead in this confirmation hearing? Why have they come out so quickly saying that filibuster was out of the question. Is Lindsey Graham (R?- SC) going to go through the same charade with Kagan as he did with Sotomayor, trying to cover his rearend by saying he's not completely satisfied, but will for vote for confirmation?

      Kagan has no experience as a judge. She has written no judicial opinions on which the Senate can base a judgement of her qualifications. What she has written shows that her opinions on the Second Amendment are based on personal prejudices, as opposed to the Constitution. Her views on military recruitment on college campuses, even during a time of war, are well known. What are her views on the Constitutionality of gay marriage, abortion, states's rights, illegal immigration, a Constitutional amendment that would limit government spending to an adopted budget?

    8. Sandy CT says:

      It is no wonder the Conservatives never win a disagreement. They lie down at the first sign of a fight. If ever there was a reason to question why things were withheld this might be the time. If ever there were a time to filibuster this might be the time. But instead we just whine about how we can never catch a break. Way back at the very beginning of the health care debacle there was an opportunity to vote no and our fellow republicans chose to believe that the things we objected to would be fixed. So we obvioulsy didn’t learn from that adventure. They say instanity is doing the same thing over and over again expecting different results. We must therefore be insane, sinbce we continue to d the same thing over and over. When do we understand that we are playing for keeps here?
      I am just a regular citizen and I can see the writing on the wall, why can’t they? Every day is just another insult and another loss for the conservatives. Until they stand up for what is right we will continue to get kicked.

    9. Don Harper, Lubbock, Tx says:

      Kagan, if confirmed, will be just like Sotomayor, a rubber stamp for any unconstitutional leftist legislation they manage to cram through before next January. After that, they will be obstructions, for decades, to any return to constitutional government.

    10. Harold says:

      She should be nominated for an Emmy. Anyone who doesn't think she's a pure, far-left liberal is probably still waiting for Obama to keep one of his campaign promises or buy them a house and some gasoline.

      The SCOTUS has become little more than a elite patronage job to further a parties agenda.

    11. dfaris says:

      It remains amazing that so many political leaders are qilling to sit by and allow this woman's approval to the Supreme Court. Why can't they see the wroting on the wall. We may face having this leader for quite a long time in the future. So many laws have already been quietly changed. Doesn't ant one want to preserve the wonderful country we live in. Is Sessions the only courageous, principled leader left?

    12. Spiritof76, NH says:

      Republicans in the Senate are hapless cowards. Instead of assuming the adversarial position (by the way, the Democrats did that with Robert Bork and Clarence Thomas) the Republican Senate leaders (Jeff Sessions excepted) simply play roll over and dead. They are a disgrace.

      Why have a hearing at all?

    13. Alex Gonzalez, Flori says:

      GOP has had a year and half to develop a legal team to change all these tyrant attacks to our constitution. In today's politics, we are dealing with a majority of politicians that are seeking their self interest and desires in bringing down our American Heritage as it was founded by playing and participating in bipartisan. As they play politics, the USA becomes more vulnerable to distinction as world leader and place where people flee to freedom.

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