Kagan's Kiss of Death

By Mathew Staver

[The Washington Times called it Elena Kagan's "kiss of death." The more you learn about her successful twisting of expert testimony on abortion and then waffling about it in hearings the previous week, the more incensed you will become about her nomination to the Supreme Court.]

More than a decade ago, Elena Kagan manipulated expert medical evidence submitted to the Supreme Court. What
she did played a key role in the Supreme Court's decision to strike down the ban on the horrendous partial-birth
abortion procedure. She did it for political reasons while working for the Clinton administration.

The Washington Times says Kagan "may be more responsible than anyone for keeping partial-birth abortion legal for
an extra decade." Pause for a moment to think about that.  In part because of Elena Kagan's political activism, this
horrific abortion procedure - which amounts to infanticide and culminates with a near full-term baby's brains being
sucked out so the skull will collapse - continued to be performed across this country.

Elena Kagan's "handwritten notes" show that she personally re-wrote the American College of Obstetricians and
Gynecologists' (ACOG) official assessment of partial-birth abortion to better comport with her political views on
abortion.

During her Senate Judiciary Committee hearings, Elena Kagan did everything in her power to avoid taking responsibility for manipulating ACOG's expert testimony, but her defensiveness only spurred closer questioning.

Senator Orrin Hatch asked Kagan a very direct question: "Did you write that memo?" Kagan never actually admitted
she wrote the memo but was finally forced to reluctantly acknowledge that, "the document is certainly in my
handwriting."

This hand-written document should be the "kiss of death" for Kagan's confirmation!

The memo proves that she is a political activist who intentionally corrupted key expert evidence. And it proves that she holds radical pro-abortion political views that make it impossible for her to use the impartiality required of a Supreme Court Justice.

How this lady is being evasive in her answers to the Senators is well demonstrated by a recent cartoon by the celebrated cartoonist Rick Mekee (in the Augusta Chronicle).

There are the caricatures of Kagan and the interviewer CNN's Larry King.

The conversation goes like this --

Kagan: My favorite color...? Well, Larry, that's an interesting question, made all the more complicated when one considers the sheer magnitude of the myriad of colors that could actually be one's favorite, if one chose to have a favorite, but if you will grant me a point of personal privilege ...

Larry: That does it.... I quit.

In the final analysis, Elena Kagan's past actions show that she is a political operative who would use a seat on the Supreme Court to advance a radical political agenda.

That's why Liberty Counsel is joining other pro-family groups in calling for a FULL INVESTIGATION of events
that took place during Elena Kagan's tenure in the Clinton White House.

We are also calling for a full review of discrepancies in her testimony before the Senate Judiciary Committee, especially concerning her notes to President Clinton giving political advice about abortion cases being considered by the federal judiciary.

We believe this investigation needs to be completed BEFORE the full Senate takes up Kagan's nomination. If the pro-Kagan camp doesn't accept this course of action, a filibuster should be enacted until the investigation is complete and all relevant documents receive proper review! I am asking every Liberty Counsel team member to press Senators to examine ALL the evidence that may weigh upon Kagan's qualification for a lifetime appointment to the Supreme Court.

And the Senate MUST NOT BE RUSHED by the all-too-familiar Obama/Reid/Pelosi arm twisting.

We have included new language in our faxes calling for an investigation and review of all pertinent documents, including Kagan's writings. The fax barrage should continue till the goal is achieved and Kagan's nomination rejected.

Kagan's radical political activism should disqualify her.

Elena Kagan's activities in the Clinton Administration should not be characterized as merely the actions of an ambitious young attorney whose zeal temporarily overrode her better judgment.

Rather, they appear to be calculated attempts to manipulate testimony by a seasoned lawyer who was at that time serving
as counsel to the President of the United States.

If Kagan purposefully manipulated expert findings, then that was at the very least a disrespectful slap at the
Court upon which she aspires to serve. Some have said that her manipulation of expert testimony approaches the
crime of evidence tampering - more than sufficient reason to call for Kagan's removal from consideration.

The evidence clearly shows that Elena Kagan does NOT have the ability to separate her quest to implement a radical personal agenda from the sacred duty of impartially judging as a Supreme Court Justice.

And if Elena Kagan is seated, she would be in position to review the lawsuits against ObamaCare when they make their
way to the Supreme Court. That is totally unacceptable!

The nation should stand together in opposition to Elena Kagan's confirmation. Liberty Counsel supporters generated tens of
thousands of citizen contacts to our United States Senators saying...

"FULLY INVESTIGATE ELENA KAGAN AND OPPOSE HER CONFIRMATION."

There is STILL TIME for all of us to make our voices heard by those on the Senate Judiciary Committee, the Senators uncommitted in their votes. This is especially true now that Elena Kagan has waffled during testimony about her personal notes to President Clinton on partial-birth abortion.

Elena Kagan has a track record as a radical political operative. The Senate MUST carefully consider ALL the evidence and avoid pressure to rush to a confirmation vote. We must continue doing everything we can to stand against Elena Kagan's confirmation!

Americans are getting wise to the true Elena Kagan. Many Senators have already declared their "no" vote on her nomination.

Kagan's confirmation is far from being a "done deal," contrary to what you hear in the mainstream media. We can still stop
this dangerous nominee from being seated on the Supreme Court!

[Mathew Staver is the Founder and Chairman of Liberty Counsel.]

 

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