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KAGAN NOMINATION

BORN IN THE USA?

Elena Kagan Tied to Obama's Birth Certificate

'It just keeps getting deeper and deeper, doesn't it?


Posted: August 04, 2010
10:55 pm Eastern

By Joe Kovacs  2010 WorldNetDaily

Just when you thought there couldn't be any more players in the ongoing soap opera over the hunt for President Obama's original birth certificate and his constitutional eligibility for office, there comes yet another name: Elena Kagan.

Yes, the same Elena Kagan nominated by the commander in chief to be the next justice on the U.S. Supreme Court has actually been playing a role for some time in the dispute over whether Obama is legally qualified to be in the White House.

Here's the connection. Kagan served as solicitor general of the United States from March 2009 until May of this year.

In that role, she legally represented the U.S. government in numerous cases coming before the Supreme Court.

A simple search of the high court's own website reveals Kagan's name coming up at least nine times on dockets involving Obama eligibility issues.


Searching the dockets at the U.S. Supreme Court's website reveals Elena Kagan's name coming up numerous times on cases challenging  President Obama's constitutional eligibility for office. (Supreme Court screenshot with name highlighted by WND, Aug. 4, 2010)

Docket No, 09-724, for instance, comes up with this in the search result:

Title: The Real Truth About Obama, Inc., Petitioner v. Federal Election Commission, et al. Reply of petitioner The Real Truth About Obama, Inc. filed. The Real Truth About Obama, Inc. Elena Kagan

Clicking on any of the dockets reveals who the original petitioners were, as well as what proceedings and orders were issued in each case. Here's another docket, with Jamal Kiyemba v. Barack H. Obama.


Elena Kagan's name is noted as solicitor general for cases involving Obama's consdtitutional eligibility. (Supreme Court screenshot with name highlighted by WND, Aug. 4, 2010)

The fact Kagan handled these cases and is now Obama's first choice for the high court is raising some eyebrows.

"She was the solicitor general for all the suits against him filed with the Supreme Court to show proof of natural-born citizenship," notes WND reader Carl Jorgensen of Farmingdale, N.J. "He owes her big time."

"All of the requests were denied of course," Jorgensen continued. "They were never heard. It just keeps getting deeper and deeper, doesn't it? The American people mean nothing any longer. It's all about payback time for those that compromised themselves to elect someone that really has no true right to even be there. We should be getting so sick of all of this nonsense. The USA has finally become the laughing stock of the world. God help and deliver us."

 

 

 

 

Shariah Law Comes to the Supreme Court: Elena Kagan’s Decisions

 

The Senate should not confirm Elena Kagan, because her views render her the first Supreme Court Justice who actively favors the introduction of Shariah law into national Constitutions and legal systems.  To excuse themselves for voting for her confirmation, Senators of both parties have told themselves this vote for Kagan’s confirmation will result in a harmless swap:  the substitution of one liberal justice for another.

The reality is far more threatening and unprecedented in American history.  A vote to confirm Elena Kagan’s nomination will bring a liberal, pro-Shariah justice to our highest Court.  And if she is confirmed, her behavior as Obama’s Solicitor General indicates she will refuse to recuse herself on any Shariah-related decision but instead will lead the charge to legitimate Shariah law in America.

Senators have told themselves they have little evidence on which to evaluate Kagan, because other than her work as Obama’s Solicitor General, she has no judicial experience.

But Kagan has made repeated and very public decisions about a judicial system – Shariah – and Senators should be obligated to take into account those decisions when they vote for her.  Her 2003-2009 career as Dean of Harvard Law School is a history of those decisions, and every one of them  shows her “deep appreciation” of Shariah law.

Every vote for Kagan is a vote to bring a pro-Shariah view to the Supreme Court.  Here are five reasons to vote against Kagan’s nomination:

1. PRO-SHARIAH MISSION: With Kagan’s direction,  Harvard’s Islamic Legal Studies Program developed a mission statement (here on 9/2008, also 6/2009) dedicated “to promote a deep appreciation of Islamic law as one of the world’s major legal systems.”  That mission statement guided her actions and those whom she directed as Dean.

Under Kagan’s direction, her chief staff at the Islamic Legal Studies Program aggressively expanded non-critical studies of Shariah law – fulfilling her mission “to promote a deep appreciation of Islamic law.”  In 2003, the year Kagan became Harvard Law School Dean, Islamic Legal Studies Program Founding Director Frank Vogel and Associate Director Peri Bearman founded the Massachusetts-based International Society for Islamic Legal Studies. In 2007, Bearman and Vogel  founded the Islamic Law Section of the Association of American Law Schools (inaugural panel audio here).

2. PRO-SHARIAH MONEY: When Saudi Prince Alwaleed bin Talal offered $10 million to New York City’s Rudy Guiliani on October 11, 2001, Guiliani refused to accept it, because the prince insisted that U.S. policies in the middle east were responsible for the 9/11 terrorist attack.  Guiliani stated flatly, “There is no moral equivalent for this act.”  But – when Saudi Prince Alwaleed bin Talal offered $20 million to the Islamic Legal Studies Program in December 2005 – Kagan accepted it; after all, the Saudi royal family had funded the program since its inception, to establish the moral and legal equivalency between Shariah law and U.S. Constitutional law.  As Newt Gingrich has noted, Harvard Law School currently has three chairs endowed by Saudi Arabia, including one dedicated to the study of Islamic sharia law.

In 2001 Guiliani made a decision not to accept  Talal’s blood money; In 2005, Kagan made a decision not just to accept it, but to implement Talal’s policies at Harvard.

And not just at Harvard.  As reported earlier this year, “Kagan is the main reason why the Supreme Court ruled against the 9/11 families” in a suit filed by thousands of 9/11 family members that traced funding for the 19 hijackers to certain Saudi royals, along with banks, corporations and Islamic charities.  Kagan, as Obama’s Solicitor General, said in her brief “that the princes are immune from petitioners’ claims” and that the families’ claims that the Saudis helped to finance the plots fell “outside the scope” of the legal parameters for suing foreign governments or leaders.

Let’s review Kagan’s decisions so far:  she actively solicits Saudi financing to promote Shariah law in the U.S.; she actively protects Saudi financial backers for terrorism against the U.S., as being immune from claims by 9/11 families.

3.  PROMOTING THE MUSLIM BROTHERHOOD AND SHARIAH CONSTITUTIONS: In December, 2006, Kagan hired Noah Feldman, architect of Iraq’s Constitution requiring Shariah, as a star faculty member at Harvard Law School.  On March 16, 2008, Feldman published his controversial article “Why Shariah” in the New York Times Magazine, which promoted “Islamists” -  the Muslim Brotherhood – as a progressive democratic party, and promoted Shariah as a model not just for Muslim-majority countries but for all: “In fact, for most of its history, Islamic law offered the most liberal and humane legal principles available anywhere in the world…”  The article was adapted from his book The Fall and Rise of the Islamic State, which was published in late March, 2008.

On September 16, 2008, Kagan whole-heartedly endorsed Feldman’s promotion of the Muslim Brotherhood and Shariah by honoring him with the endowed Bemis Chair in International Law.  Feldman’s speech on receiving the award was revealing: he advocated for an international, “outward interpretation” of the Constitution that could “require the U.S. to confer rights on citizens of other nations,” and allow for an “experimental Constitution.”

As to the Muslim Brotherhood, the Islamist worldwide political organization that Feldman and Kagan support? Their motto is as revealing as Feldman’s speech:

“Allah is our objective. The Prophet is our leader. Qur’an is our law. Jihad is our way. Dying in the way of Allah is our highest hope.”

Given that slogan, you could well ask if Feldman really meant the Muslim Brotherhood when he wrote about “Islamists” in the book Kagan so admired that she gave him an endowed chair.  And he anticipated that question; in the second footnote in his book he states, “Throughout this book, when I refer to Islamists or Islamism, I have in mind mainstream Sunni Muslim activists loosely aligned with the ideology of the transnational Muslim Brotherhood (MB)…the Brotherhood broadly embraces electoral politics, but without eschewing the use of violence in some circumstances, notably against those whom it defines as invaders in Iraq and Palestine.”

So let’s review.  Kagan made the decision to honor Feldman, author of “big-lie” forms of pro-Shariah propaganda, supporter of the Muslim Brotherhood,  with an endowed chair.  Feldman states flatly that the Muslim Brotherhood, whom he admires, does not “eschew the use of violence….against those whom it defines as invaders in Iraq and Palestine.”  Kagan’s financial backer, Saudi Prince Alwaleed bin Talal, insisted that the U.S. policies in the Middle East, specifically in Israel and Palestine were a cause of the 9/11 attacks .  Like the Muslim Brotherhood, the Prince did not “eschew the use of violence” against the U.S.   And when 9/11 families sued the Saudi royals who funded the September 11, 2001 “use of violence” against the U.S., Kagan used her power as Solicitor General to protect the group that had been her financial backers at Harvard.

But wait.  There’s more.

4. PROMOTING SHARIAH IN CONSTITUTIONS WORLDWIDE: On May 1, 2007, Kagan initiated a lecture series on Shariah Law, named for Abd al-Razzaq al-Sanhuri, a legal scholar who had drafted constitutions throughout the Middle East between the 1930s and 1960s.  There are literally dozens of legal reformers throughout the Muslim world that she could have chosen; but she chose al-Sanhuri.

Sanhuri’s entire career was dedicated to making sure that the civil and criminal legal codes throughout the Middle East were Shariah-compliant.  He drafted the laws that ensured Shariah law took precedence over secular laws.  As much as any single individual, he was responsible for the legal drafting for the “Constitutionalization” of Shariah in previously secular Muslim-majority nations in the 20th century, in concert with the political pressure for Shariah by the Muslim Brotherhood, and the financial pressure for Shariah by the Saudi Royal Family.

As legal scholar Enid Hill wrote in her biography of al-Sanhuri, “The outlines of the future dialectic are thus able to be detected if al-Sanhuri’s specifications are followed: Islamic legal theory versus Western legal rules, and when the Western rules reflect a different underlying theory they are to be eliminated and new rules put in their place, rules that are reflective of Islamic legal theory.”  (h/t Andy Bostom)  Or as al-Sanhuri states himself in his book The Arab Civil Code, “The goal towards which I am striving is that there will be an Arab civil code derived primarily from the Islamic Shari’a.”

Kagan presided over four of the al-Sanhuri lectures before her departure to become Obama’s Solicitor General

5.  PROMOTING SHARIAH IN THE JUDICIAL COUP IN PAKISTAN

Kagan consistently used her position at Harvard to promote and legitimate the introduction of Shariah provisions into national constitutions, and indeed into Supreme Courts of other nations.  In Pakistan, her influence is having dire consequences.

On November 19, 2008, Elena Kagan presented the Harvard Law School Medal of Freedom to  Iftikhar Chaudhry, the controversial Chief Justice of Pakistan. Chaudry had been deposed from his post in 2007 by President General Pervez Musharraf in a complex dispute that included the issue of independence of the judiciary.  Musharraf later resigned, and on March 16, 2009, the Prime Minister Gilani  re-appointed Chaudhry as Chief Justice.

As noted by Department of Defense attorneys from the Clinton and Reagan eras, Kagan’s honoree has mounted a Shariah judicial coup:

“Contrary to the constitution of Pakistan, Chaudhry usurped the right of appointment of vacancies in the court from the elected prime minister and president…In a previous ruling, Chaudhry reaffirmed the right of the court to disqualify members of Parliament, the president and all ministers of the cabinet from serving if they violate “Islamic injunctions,” or do not engage in ‘teaching and practices, obligatory duties prescribed by Islam. “

The U.S. Senate has the evidence it needs to vote NOT to confirm Elena Kagan to the Supreme Court.  A vote for Kagan is a vote to bring Shariah to the highest court of the land.

Elena Kagan is fifty years old.  She could easily serve to the age of eighty or longer.  Her confirmation to the Supreme Court will begin a thirty-years legal war to protect the Constitution against Shariah.

Please tell your Senators to keep Shariah out of the Supreme Court, and to vote against confirming Kagan.  You can find their names and phone numbers here.  Call today.

 
Complaint Filed Against Kagan at Supreme Court for Fraud

Judicial Watch Founder Asks High Court to Disbar Her for Falsifying "Evidence" It Relied Upon To Strike Down Partial Birth Abortion Legislation Klayman Also Calls for Criminal Referral to Justice Department

 

Contact: Declaration Alliance, 310-595-0800

 

WASHINGTON, July 30 /Christian Newswire/ -- Larry Klayman, the founder of corruption watchdog Judicial Watch and now Freedom Watch public interest law groups, has filed a complaint before the U.S. Supreme Court at the behest of pro-life organization Declaration Alliance, asking that the high court disbar Elena Kagan. 

 

Kagan, while she was an Associate White House Counsel in the Clinton administration, falsified an expert medical report, prepared by the American College of Obstetricians and Gynecologists (ACOG). In this report, ACOG had originally found that partial birth abortion was in fact not medically necessary to save the life of a woman, but Kagan changed the report’s finding to say that it was an appropriate procedure under some circumstances. This altered report was then relied upon by the U.S. Supreme Court in striking down legislation banning partial birth abortion.

 

In filing the complaint, Klayman issued the following statement:

    "Elena Kagan, a nominee to the U.S. Supreme Court, has defrauded the U.S. Supreme Court. As a result, her membership to practice before the Court should be revoked and the matter referred to the Criminal Division of the Justice Department. How, then can Ms. Kagan be confirmed by the U.S. Senate for a seat on the high court, when in reality she should not even be allowed to practice in front of it?

    "The rules of legal ethics require her disbarment and I intend to pursue it, to set an example that prospective and sitting judges, or anyone in the legal profession or otherwise, are not above the law."

Klayman represents the Declaration Alliance, a national non-partisan social welfare organization founded in 1996 by Ambassador Alan Keyes.  The details of Ms. Kagan's misconduct are most exhaustively detailed in a report prepared by the Americans United for Life Action, available online at www.aul.org/featured-images/Kagan-Ethics-Report.pdf

 

For more information call 310  5950800               310 595 0800      or visit www.declarationalliance.org

 

Kagan Argued to Ban Political Pamphlets

By: Dan Weil,  NewsMax.com

 

Some free speech advocates are going to be very unhappy with President Obama’s choice for the Supreme Court vacancy, Solicitor General Elena Kagan.

That’s because, as CNSNews.com reports, she argued to the court in September that Congress has the constitutional right to forbid companies from engaging in political speech such as publishing pamphlets that advocate the election or defeat of a candidate for federal office.

The court, in its 5-4 decision in Citizens United v. Federal Election Commission, ruled against Kagan’s contention that the government can limit political speech by corporations.

In a scathing concurrence to the opinion, Chief Justice John Roberts blasted Kagan’s argument.

“The government urges us in this case to uphold a direct prohibition on political speech. It asks us to embrace a theory of the First Amendment that would allow censorship not only of television and radio broadcasts, but of pamphlets, posters, the Internet, and virtually any other medium that corporations and unions might find useful in expressing their views on matters of public concern,” he wrote.

“Its theory, if accepted, would empower the government to prohibit newspapers from running editorials or opinion pieces supporting or opposing candidates for office, so long as the newspapers were owned by corporations — as the major ones are. First Amendment rights could be confined to individuals, subverting the vibrant public discourse that is at the foundation of our democracy.”

Justice Anthony Kennedy wrote in the majority opinion that Kagan was defending a law that represents an illegitimate attempt to use “censorship to control thought.”

He declared, “This is unlawful. The First Amendment confirms the freedom to think for ourselves.”

Conservatives are uniting in opposition to Kagan and say her nomination will boomerang against Democrats.

 Leftist Out, Leftist In

Posted by John Perazzo on May 11th, 2010, FrontPageMag.com

 

When John Paul Stevens announced that he would be stepping down from the Supreme Court after three-and-a-half decades on the bench, Barack Obama lauded the outgoing Justice as a “brilliant, non-ideological, pragmatic” man, “committed above all to justice, integrity, and the rule of law.” The President pledged to seek, for Stevens’ successor, someone “with similar qualities” – an individual who understands that “in a democracy, powerful interests must not be allowed to drown out the voices of ordinary citizens.” Monday morning Obama announced that choice: Elena Kagan.

This not the first time the President has named Kagan to a prominent post in government. During his first week in office, Obama, who has known Kagan since the two were colleagues on the University of Chicago Law School faculty during the 1990s, named her for the post of U.S. Solicitor General, the nation’s second-most-influential legal authority. It bears mention that Kagan, at the time of that appointment, had never argued a case in any court and had published only three major articles along with a handful of minor pieces. Sensing the special connection that existed between Obama and the new Solicitor General, Center for Security Policy CEO Frank Gaffney presciently depicted Kagan’s assignment as “a stepping-stone for her appointment to the Supreme Court.” To understand why Obama holds Kagan in such high regard, we must take a closer look at the political and legal positions she has embraced over the course of her adult life, and see how they dovetail with those of the President.

 

A week after Ronald Reagan’s presidential victory in November 1980, a twenty-year-old Elena Kagan, who was then a student at Princeton University, contributed a piece to the Daily Princetonian, wherein she gave voice to her angst over the apparent demise of the left. She wrote that her immediate “gut response” to Reagan’s election had been to conclude “that the world had gone mad, that liberalism was dead, and that there was no longer any place for the ideals we held or the beliefs we espoused.” After having taken some time to calm down, Kagan predicted, with a hopeful spirit, that “the next few years will be marked by American disillusionment with conservative programs and solutions, and that a new, revitalized, perhaps more leftist left will once again come to the fore.”

The following year, Kagan penned her senior thesis—titled “To the Final Conflict: Socialism in New York City, 1900-1933”—wherein she specifically thanked her brother Marc, “whose involvement in radical causes led me to explore the history of American radicalism in the hope of clarifying my own political ideas.” In the body of that work, Kagan lamented that “a coherent socialist movement is nowhere to be found in the United States”; that “Americans are more likely to speak of … capitalism’s glories than of socialism’s greatness”; that “the desire to conserve has overwhelmed the urge to alter”; that “in a society by no means perfect,” no “radical party” had yet “attained the status of a major political force”; that “the socialist movement [had] never become an alternative to the nation’s established parties”; and that the Socialist Party had “exhausted itself forever and further reduced labor radicalism in New York to the position of marginality and insignificance.” Kagan called these developments “sad” and “chastening” for “those who, more than half a century after socialism’s decline, still wish to change America.”

 

After graduating from Princeton, Kagan went on to earn a Master of Philosophy degree from Worcester College at Oxford University in 1983, and   J.D. from Harvard Law School in 1986. She then took a job as a law clerk for Judge Abner Mikva, a leftist member of the U.S. Court of Appeals for the District of Columbia Circuit. Later, she clerked for U.S. Supreme Court Justice Thurgood Marshall, whom she now identifies as her hero. In 1988 Kagan worked on the presidential campaign of Democrat Michael Dukakis. And three years later she became an assistant professor at the University of Chicago Law School, where, as noted above, she first met Barack Obama.

 

From 1995 to 1999, Kagan served under Bill Clinton in various roles: Associate White House Counsel, Deputy Assistant to the President for Domestic Policy, and Deputy Director of the Domestic Policy Council. In June 1999, Clinton nominated Kagan to the U.S. Court of Appeals for the District of Columbia Circuit. But because the Senate Judiciary Committee’s Republican chairman, Orrin Hatch, subsequently elected not to schedule a hearing on Kagan, her nomination was never confirmed.

 

In 2003, Harvard University president Lawrence Summers appointed Kagan to be the dean of Harvard Law School. It was in this role that Kagan expressed her most infamous criticisms of the U.S. military. In Kagan’s view, the armed forces ought to welcome open homosexuals to their ranks without the slightest reservation; any policy to the contrary, she views as bigotry of the lowest order. In an e-mail that she disseminated to the entire Harvard Law School community in October 2003, Kagan wrote: “I abhor the military’s discriminatory [don't ask,don't tell] recruitment policy” – characterizing it as “a profound wrong, a moral injustice of the first order … a wrong that tears at the fabric of our own community.”

 

Kagan has long opposed the so-called Solomon Amendment, a law that denies federal funding to any university that “has a policy or practice … that either prohibits, or in effect prevents” military personnel “from gaining access to campuses, or access to students … on campuses, for purposes of military recruiting.” This Amendment was enacted in 1996, in response to a trend where many law schools, as gestures of protest against a federal law barring open homosexuals from military service, were discouraging and/or prohibiting military recruitment on their campuses. When a federal appeals court struck down the Solomon Amendment, Harvard Law, under Kagan’s stewardship, became the first major law school in the United States to ban official recruiting on campus. Ed Whelan of the conservative Ethics and Public Policy Center has written: “I doubt that the American public will be impressed that Kagan kicked the military off campus in wartime but welcomed law firms that were donating their services to terrorists.”

 

Kagan also filed an amicus brief urging the Supreme Court to declare the Solomon Amendment unconstitutional. The Court, however, unanimously rejected Kagan’s position. Frank Gaffney observed that Kagan’s passionate opposition to the Solomon Amendment reflected “her hostility toward the U.S. military.” But that very hostility has proven to be to Kagan’s political advantage, because it is ideologically compatible with that of President Obama, who, in a moment of unguarded candor during the presidential campaign, suggested that U.S. troops in Afghanistan were doing a disservice to their mission by “just air raiding villages and killing civilians.” When Kagan was confirmed as Solicitor General last year, Gaffney noted that the “likely consequence” would be that “the Justice Department will play an adversarial, rather than supportive, role for our armed forces in an age when they are increasingly subjected to ‘lawfare’—the use of legal proceedings to interfere with and, where possible, defeat their missions.”

It is noteworthy that Kagan’s understanding of the Supreme Court’s role mirrors that of her “hero,” Thurgood Marshall. In one of her legal writings, Kagan cited Marshall’s assertion that the Constitution, “as originally drafted and conceived,” was “defective.” This view fits hand-in-glove with Obama’s celebrated contention that the Constitution “is not a static but rather a living document and must be read in the context of an ever-changing world.”

 

Kagan has also quoted Justice Marshall saying that the Supreme Court’s mission is to “show a special solicitude for the despised and the disadvantaged.” In those words, we can hear the echoes of Obama saying that in many legal cases, “the critical ingredient” is neither what the law nor the Constitution say, but rather “what is in the judge’s heart”; that a judge must prove that he or she is not “dismissive of concerns that it is harder to make it in this world … when you are a woman rather than a man”; that a judge ought not “sid[e] on behalf of the powerful against the powerless”; and that a judge should be “somebody who’s got the heart, the empathy, to recognize what it’s like to be a young teenage mom, the empathy to understand what it’s like to be poor or African-American or gay or disabled or old.” In essence, these are calls for a jurisprudence of the heart rather than of the law; a jurisprudence aimed at settling old scores on behalf of aggrieved “victim” groups, rather than meting out equal justice to individuals regardless of their demographics.

 

Ideologically, Elena Kagan is a kindred spirit of Barack Obama. As such, she will keep Justice Stevens’ Supreme Court seat firmly situated on the political left. By no means is this the least bit surprising. Elections have consequences, sometimes very predictable ones.