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Elena Kagan’s Clinton era documents may not be released in time for her confirmation hearing

May 21, 2010

  The Senate Judiciary Committee has asked the Clinton Presidential Library to turn over the documents that they have on Elena Kagan. This is a perfectly logical and justifiable request, but it is a request that Terri Garner, director of the Clinton Presidential Library– claims she might not be able to meet.

  Lacking both judicial and courtroom experience, Elena Kagan’s written documents provide the Senate Judiciary Committee and the American people the only insight into what she believes and where she stands on various issues. If the Clinton Presidential Library cannot turn over the Elena Kagan documents– and these documents are basically all the committee has to go on– it would seem that the right thing to do would be to delay the confirmation hearing until these documents have been turned over and the committee has had time to read them.

  Jeff Sessions, the ranking Republican in the committee, has stated that a postponement might be in order if these documents cannot be released in time. But committee chairman, Patrick Leahy, says the confirmation hearing will not be postponed. He claims that, “there is no reason to unduly delay consideration of this nomination.” Apparently he thinks that giving the committee enough time to read the documents would constitute an “unduly delay” in the confirmation hearing.

  There are many people out there– I am one of them– who think that Barack Obama chose Elena Kagan precisely because she did not have much of a paper trail. I believe that Barack Obama considered both her lack of experience and lack of written positions as a plus; Barack Obama  hoped that her blank slate would make it harder for anyone to oppose her. A trojan horse, if you will. But there are some documents out there from her years in the Clinton administration and it appears as if these documents will not be released in time for her confirmation hearing, and the hearing will not be delayed to give the committee adequate time to read these documents once they are released.

  This leads me to ask the question, what are they trying to hide? These documents may provide the only insight into Elena Kagan’s policy and constitutional positions, yet Patrick believes that the confirmation hearing should not be delayed?

  Up until this point, most of the concerns that have been raised about Elena Kagan’s nomination have come from the left, but I am beginning to think more and more that this is nothing more than a smokescreen designed by the left to easy the worries of the right in order to secure her confirmation. How many times has it been written by conservatives that we could have done quite a bit worse than Elena Kagan? I have mentioned that myself on this blog. Perhaps that is what the left wants us to think.

  What is in those documents? We need to know! 

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2 Comments leave one →
  1. Deb permalink
    May 23, 2010 12:10 am

    We could have done worse, but we also could have done a lot better! I’m sure she is a nice person, but we need another Thomas, or Alito!

    • May 23, 2010 7:12 am

      We think we could have done worse, but we just don’t know. She could be a Trojan Horse and when the night comes down on her confirmation we will find out what really is inside her. It will be too late then.

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