Judge Blocks Release of Recusal-Related Emails Kagan Sent WH—Says They're ‘Personal’ | CNSnews.com

Judge Blocks Release of Recusal-Related Emails Kagan Sent WH—Says They're ‘Personal’ | CNSnews.com

The “purely personal objective” cited by the judge was Kagan’s goal of being confirmed to the United States Supreme Court.

At issue is whether Kagan must recuse herself as a Supreme Court Justice when the cases challenging the constitutionality of Obamacare reach the court.

Kagan was the Obama administration’s solicitor general—charged with defending the administration’s positions in federal court cases--at the time President Obama’s health-care plan was enacted and when Virginia and Florida filed lawsuits against that health-care plan in federal court.

Internal DOJ emails that CNSNews.com did obtain via FOIA revealed that in January 2010 Kagan had personally assigned her then-top deputy, Neal Katyal, to handle the anticipated lawsuits against Obama’s health-care plan. The emails also showed that Katyal at that time believed Kagan “definitely” wanted her office involved in the administration’s defense against those legal challenges.

Katyal later signed Justice Department briefs countering lawsuits filed against Obamacare and argued some of the cases in federal court.

Under federal law—28 U.S.C. 455—any “justice, judge or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might be reasonably questioned.” The law further states that any justice “shall also disqualify himself … [w]here he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceedings or expressed an opinion concerning the merits of the particular case in controversy.”

Are the Judges and Courts beyond Liberal Corruption, or are they just another active part of it?