Kurt Nimmo
June 3, 2010

Obama’s counsel, Robert Bauer, does not think you have a right to know where Supreme Court nominee Elena Kagan stands on the issues. Obama wants to sweep the radical Kagan into the Court without review.

“In a letter to Sen. Jeff Sessions, the ranking Republican on the Judiciary Committee Republican, Robert Bauer, counsel to Obama, implied the president may use executive privilege to hide some memos Elena Kagan wrote when she served in the Clinton White House,” reports the Kagan Watch website.

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Read Bauer’s letter here.

The Clinton library has more than 150,000 documents related to Elena Kagan.

It looks like researchers at the Bubba library are attempting to slow the process in order to not give Senate Republicans enough time to ferret out what we already know — Kagan opposes the Second Amendment outright (she is not “sympathetic” to the right to bear arms) and has a few authoritarian ideas when it comes to the First Amendment and political speech.

As Solicitor General, Kagan argued in September that Congress could constitutionally prohibit corporations from engaging in political speech such as publishing pamphlets that advocate the election or defeat of a candidate for federal office.

Kagan disagreed with the opinion of Justice Anthony Kennedy in the case of Citizens United v. Federal Election Commission. “When Government seeks to use its full power, including the criminal law, to command where a person may get his or her information or what distrusted source he or she may not hear, it uses censorship to control thought,” Kennedy wrote in the majority opinion. “This is unlawful. The First Amendment confirms the freedom to think for ourselves.”

Kagan’s view that the government may limit the First Amendment is completely at odds with the thoughts of Thomas Jefferson.

“The people shall not be deprived or abridged of their right to speak to write or otherwise to publish any thing but false facts affecting injuriously the life, property, or reputation of others or affecting the peace of the confederacy with foreign nations,” Jefferson wrote to James Madison on August 28, 1789.

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