Judicial Watchdog Wants Elena Kagan Disbarred Over Abortion Distortions
by Steven Ertelt
July 28, 2010
Washington, DC (LifeNews.com) — Larry Klayman, the judicial watchdog who is the founder of Judicial Watch and Freedom Watch USA, says he is filing papers to have Supreme Court nominee Elena Kagan disbarred. He says he wants to see that happen because he believes Kagan misled the Senate Judiciary Committee during her hearings.
Klayman agrees with pro-life groups that say Kagan was not forthright when she downplayed the extent to which she lobbied two medical organizations to change their opinion on when partial-birth abortions are medically necessary.
Kagan’s lobbying resulted in the Supreme Court, in a case striking down state partial-birth abortion bans, eventually relying on the opinion of the American College of Obstetricians and Gynecologists that, after Kagan’s prodding, changed its opinion to say some abortions may be medically indicated.
Yet, during the confirmation hearings, Kagan dismissed questions about memos she wrote during the Clinton administration, saying "My only dealings with ACOG were about talking with them about how to ensure that their statement expressed their views."
Klayman told WorldNetDaily he plans to file an ethics complaint to get Kagan disbarred from practicing before the Supreme Court and possibly subjected to criminal prosecution.
He says Kagan’s testimony represents "conspiracy to defraud the Supreme Court."
"I’m going to ask the Supreme Court to refer the matter to the Justice Department for criminal investigation and possibly prosecution of obstruction of justice," he told WND, "because it was reasonably foreseeable that her altering that [ACOG] report would ultimately be used in court proceedings, including but not limited to the Supreme Court."
"Elena Kagan should not be a justice of the Supreme Court when she’s defrauded the Supreme Court. In fact, she shouldn’t even be allowed to practice in front of the Supreme Court under these circumstances," he continued.
Klayman, a former U.S. Justice Department prosecutor, told WND he will press for impeachment if his first efforts are not successful and if the Senate ultimately approves Kagan.
"If she is ultimately confirmed and we can hope that she will not be then we will go to phase two, which will be impeachment," Klayman said.
A coalition of pro-life groups has issued a letter to senators asking for a thorough investigation of Kagan and calling for a probe into her comments about partial-birth abortion.
A nominee to the highest court in the land must meet our nations absolute highest standards of integrity and impartiality, said Charmaine Yoest, president of Americans United for Life Action and the main sponsor of the letter.
With serious outstanding questions clouding Ms. Kagans nomination, we are leading a united effort to ask that the Senate investigate discrepancies between her Senate testimony and the written record on partial-birth abortion before proceeding to a floor vote," she told LifeNews.com today.
Kagan claimed in her hearing "there was no way in which I would have or could have intervened with ACOG …. to get it to change its medical views on the question." Instead, she claimed she was trying to get ACOG to issue a statement that "accurately reflected the views" the organization had reportedly already expressed.
But the coalition letter says that conflicts with the account Kagan provided Clinton officials in a letter about her June 1996 meeting with ACOG.
Kagan wrote that the meeting was "something of a revelation" because ACOG officials informed her that, in the "vast majority of cases, selection of the partial-birth abortion procedure is not necessary to avert serious adverse consequences to a woman’s health."
By December, Kagan wrote a memo saying that if ACOG didn’t change its position it would be a "disaster" for Clinton, who went on to veto the partial-birth abortion ban claiming it was needed to protect women’s health.
She drafted a statement ACOG eventually adopted saying partial-birth abortions "may be the best or most appropriate in a particular circumstance to save the life or preserve the health of a woman." That was the statement the Supreme Court eventually relied on to overturn state bans on the abortion procedure.
Kagan also sought to influence the American Medical Association and get the AMA to revise its opinion that partial-birth abortions provide no medical benefit for women.
Earlier this month, AUL released a 54-page report examining Kagans role in manipulating the medical statements of the two groups.
Later, former Surgeon General C. Everett Koop issued an open letter to the Senate calling for Kagans nomination to be rejected and pointing to the AUL Action report as a resource on this critical issue.
Pro-life groups have described Elena Kagan as the stereotypical judicial activist and abortion advocate.
She clerked for pro-abortion Justice Thurgood Marshall, whom she lauded, and her writings dating back to her college days are filled with accolades for judges who took the law into their hands and twisted it for a desired outcome rather than relying on the people through their elected officials.
Kagan helped Bill Clinton defend his veto of a partial-birth abortion ban — the gruesome abortion procedure when a baby is birthed halfway and then jabbed in the head with medical scissors, killing him or her. She helped Clinton find political cover for his decision to keep those abortions legal.
Kagan went as far as advocating that the Clinton administration not only ignore but manipulate the opinion of a national medical group that said there was never any medical justification for killing unborn children halfway out of the birth canal.
ACTION: Contact your senators here and urge a no vote on Kagan’s nomination and tell them to filibuster her.
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