Did Elena Kagan Lie to the Supreme Court in Last Year's 9/11 Case?
Posted by Jim Hoft on Wednesday, June 30, 2010, 10:19 PM
Did Barack Obama’s radical court pick Elena Kagan lie to the Supreme Court in last year’s 9/11 case?
Looks like it. From Alec Rawls at Error Theory:
As Obama’s solicitor general, Supreme Court nominee Elena Kagan urged the Court to dismiss the suit that our 9/11 families have been pressing against the Saudi government and several Saudi princes for their extensive funding of al Qaeda. The families sued under the domestic tort exception to sovereign immunity, which according to Kagan’s Supreme Court brief (at p. 14):
requires not merely that the foreign state’s extraterritorial conduct have some causal connection to tortious injury in the United States, but that “the tortious act or omission of that foreign state or of any official or employee” be committed within the United States. 28 U.S.C. 1605(a)(5).
The “tortious act or omission” is the wrongful act (the tort) that leads to the injury. Thus she is claiming that for Saudi funding of al Qaeda to be actionable, the funding itself has to have been transacted within the United States. Compare this with the actual wording of 28 U.S.C. 1605(a)(5):
(a) A foreign state shall not be immune from the jurisdiction of courts of the United States or of the States in any case – … (5) … in which money damages are sought against a foreign state for personal injury or death, or damage to or loss of property, occurring in the United States and caused by the tortious act or omission of that foreign state or of any official or employee of that foreign state while acting within the scope of his office or employment…”
Contrary to Kagan’s assertion, the law only specifies that the injury has to have occurred within the United States. Not a word about the wrongful act that leads to domestic injury also having to have taken place within the United. Kagan flat lied about the clear wording of a law that goes to the very heart of our ability to use the courts to combat Islamic terrorism, and thanks to the Court’s failure to review this crucial case, the simple wording and intent of Congress—that foreign states whose actions do injury in the United States can be sued for those injuries—has now been undone, as if the law had never been passed.
It seems she also lied about precedent, claiming that the Supreme Court in Amerada Hess: “considered and rejected the argument that domestic effects of a foreign state’s conduct abroad satisfy the exception.” In fact there were no “domestic effects” at issue in Amerada, where a ship had been attacked 5000 miles at sea.
Read the whole thing.
Alec added: Lead plaintiff Tom Burnett Sr. (father of Flight 93 hero Tom Burnett Jr.), is urging senators to please question Elena Kagan about the domestic tort exception. If Kagan’s lies to the Court are exposed, it could force Congress to clarify the law that she lied about. The domestic tort exception would be restored, allowing the families’ suit against the Saudis to proceed, and sinking Kagan in the process.
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Published May 24, 2012 at 8:46 pm - 89 Comments
Paul Revere commented:
Did she open her mouth?
Mrgoodwench commented:
Saudis pay her
er…..Harvard and Obama errr… dems er..Muslims for Obama a lot of money.
Saudis can get them to say and do whatever they want
ER commented:
wowsa, that’s a whopper of a lie
donh commented:
It is pathetic to watch these Senators allow Elena Kagan to turn what should be a very serious confirmation hearing into some kind of Dean Martin comedy club Roast. With the fine exception of Senator Sessions, nobody is acting as if anything is at stake when in fact this could be the end of America as a free country, the final nail in the coffin for freedom and liberty. They should have Senator Byrd’s open casket right there in the hearings to represent just how DEAD this country is.
GrayRider commented:
Have a spine Republicans. This is your gotcha moment. BORK HER !!!!!!!!!!!!
Guy commented:
Wow … if the Republican party fails to exploit this …
That woman is a disgrace, and having her on the bench scares the hell out of me … ugh …
jainphx commented:
She lies and then alters briefs to suit her agenda, but the Repubs seem to be willing to look the other way. I’m not sure anymore if it’s lack of spine, or the good boys system at work. I say remove all incumbents and start over. Remember John McCain said he saw corruption in Washington and yet he names no names, or points where the corruption is. I just heard a juicy rumor that the FBI files taken by Hillery had some not so flattering things to say about his time in Korea while a prisoner. Maybe this is why he rolled over and played dead for Obama?
Paul_______ commented:
Whether we like it or not, this is a dog and pony show. The communists have the majority, she will be confirmed. It’s waste of time and our money. Anything new??
JerryM commented:
Unfortunately, we all know the Repubs will just roll over and let this pass..pathetic.
They have her on so many issues, controversies, and radical ideologies, but they will do nothing to stop her or Obama.
Worthless!
gemma commented:
Is she lying or just unable to read law? Either way she should not have a seat with the Supremes. We need bright lights not dim bulbs.
bill-tb commented:
She’s just not very good at it.
Anyone see an ethics challenged person here? Not someone you really want to put on the Supreme Court, is it.
Mn Jim commented:
Libs + lies…what is the news flash here?
With the Dem supermajority, obama could nominate Sponge Bob and he would be confirmed. The Republicans do not fight back like the Democrats do. The only Republicans with any balls seem to be Bachman and Palin.
Bill Daugherty commented:
C’mon you guys. Do you really think the court relies solely on oral arguments? They would have reached the same decision if she had said the moon is made of green cheese.
Kevin P commented:
“Did Barack Obama’s radical court pick Elena Kagan lie… ”
Do bears sh!t in the woods?
notsurprised commented:
“The domestic tort exception would be restored, allowing the families’ suit against the Saudis to proceed, and sinking Kagan in the process.”
WIN – WIN. Come on GOP get your collective $hit together and stop this crap. NOW.
Sandy commented:
Elana Kagan reminds me of Rosie O’Donnell. I keep expecting her to attack Donald Trump.