Aug 6 2010
Elena ‘Shari’a Kagan could face disbarment and impeachment as complaint alleges Obama’s new Supreme Court appointee lied to the Senate.
A formal complaint has been submitted to the U.S. Supreme Court asking that Elena Kagan – the bench’s newest occupant – be disbarred, and an attorney who submitted the request for acriminal investigation into her statements said the effort will be expanded also to seek her impeachment, following the Senate’s 63-37 approval of her appointment today.
“On behalf of Freedom Watch and Declaration Alliance, and as a member of the U.S. Supreme Court bar, I hereby file a complaint to disbar Elena Kagan from practice before the U.S. Supreme Court and for referral to the U.S. Department of Justice for criminal investigation and for obstruction of justice,” wrote Larry Klayman,president of Freedom Watch.
The letter was dispatched to Chief Justice John Roberts as well as Justices Antonin Scalia, Anthony Kennedy, David Souter, Clarence Thomas, Ruth Ginsburg, Stephen Breyer and Samuel Alito. “In addition to disbarment, this matter should respectfully be referred to the Criminal Division of the U.S. Department of Justice for investigation of obstruction of justice and other related crimes,” the letter said.
The letter said Kagan, while associate White House Counsel in the Clinton White House, “falsified a medical report of the American College of Obstetricians & Gynecologists (ACOG) in an intentional effort to mislead not just Congress and the White House concerning the efficacy and health risks ofpartial birth abortion, but also to mislead the various federal courts and the U.S. Supreme Court which ultimately relied on this falsified medical report.”
That came when the court struck down legislation restricting partial birth abortion, a gruesome procedure supported by Kagan that involves an abortionist partly delivery a live child, killing the child, and then finishing the delivery.
“This court relied in large part upon this falsified ACOG medical report to overturn Nebraska’spartial birth abortion ban, which was then used as binding precedent among the circuits,” Klayman wrote.
Klayman pointed out that the American Bar Association Model Rules of Professional Conduct provide that “a lawyer who commits fraud in the conduct of business is subject to discipline for engaging in conduct involving dishonesty, fraud, deceit or misrepresentation.”
“Clearly Elena Kagan’s conduct in falsifying the ACOG report violates these Canons of the ABA code,” Klayman said. “It was, at a minimum, reasonably foreseeable that her fraudulent changes to the ACOG report would ultimately be used by this court in its proceedings….
“This court must stand for the principle that ‘no one is above the law.’ If this is not the case, then ‘We the People,’ do not have a Supreme Court as envisioned and implemented by our founding fathers,” Klayman’s letter said. “Ms. Kagan cannot, and should not be treated differently than anyone else who deceives this court or any other court.
“She is thus unfit to remain a member of the court and should be disbarred from further representation before it. The issue of partial birth abortion, and the lives which it takes and affects, is too important than to allow a member of this court to pervert the medical findings of a body that is the expert in the field.”
Declaration Alliance, Ambassador Alan Keyes’ national pro-life organization, has joined in appealing for justice in the Kagan case. It noted the fact that Kagan altered a scientific analysis – inserting her own words – and then passed it off as a medical organization’s analysis before the Supreme Court.
Klayman told WND today that the fact that Kagan now has been affirmed by the U.S. Senate means only that in addition to disbarment, the complaint will seek her impeachment. WND