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June 30, 2010 - Washington, District of Columbia, U.S. - U.S. Solicitor General Elena Kagan begins her third day of the confirmation hearing process that will determine if she becomes the next Supreme Court Justice ..Capitol Hill - Washington DC. 06-30-2010. a, Inc. 2010.I15269CB. © Red Carpet Pictures

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 a criminal 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 in an intentional effort to mislead not just Congress and the White House concerning the efficacy and health risks of partial-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 delivering 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’s partial-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 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.

“It is bad enough when Bill Clinton lied under oath about Monica Lewinsky, but Kagan’s lying resulted in the deaths of human beings,” Klayman told WND. “How much worse can it be?”

As WND reported, dozens of pro-life organizations previously asked the Senate to investigate Kagan’s 1997 amendment to an American College of Obstetricians and Gynecologists report, which was then used by the Supreme Court as justification for overturning Nebraska’s partial-birth abortion ban in 2000.

The perjury may have been committed when Kagan, during hearings in the Senate, said, “My only dealings with ACOG were about talking with them and how to ensure that their statement expressed their views.”


According to a statement from the Declaration Alliance, “there can be no doubt that this testimony is false and misleading.”

Her changes in the document, the organization said, “dramatically changed the meaning.”

Klayman, a former U.S. Justice Department prosecutor whose battle against “the seedy underbelly of Washington” is chronicled in his book “Whores: Why and How I Came to Fight the Establishment,” is the only lawyer ever to have obtained a court ruling that a U.S. president committed a crime.

He is still known in Washington as the biggest enemy of the city’s elite, having made a name for himself suing Bill and Hillary Clinton, George W. Bush, Dick Cheney and foreign dictators such as Castro, Chavez and Mahmoud Ahmadinejad. His battles against corruption in the Clinton administration became so well-known that a character in the hit TV series “West Wing” was based on him, Harry Klaypool.


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