Did Kagan Defraud On Partial-Birth Abortion?

Dozens of pro-life organizations are already asking 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.  Did Elana Kagan defraud the Supreme Court?

In her confirmation hearings, Kagan defended the amendment, saying, "My only dealings with (the College) were about talking with them about how to ensure that their statement expressed their views."

Several analyses have concluded, however, that Kagan's amendment dramatically changed the meaning of the organization statement, and court records show the statement was passed off on the Supreme Court as official scientific opinion, even though the organization's panel of scientists never approved Kagan's wording.

One of Washington, D.C.'s most feared and fearless corruption watchers Larry Klayman, founder of Judicial Watch and Freedom Watch USA, believes Kagan's behind-the-scenes work constitutes "conspiracy to defraud the Supreme Court," and he intends to take the evidence that has been compiled by the pro-life groups to file a complaint before the clerk's office of the U.S. Supreme Court, seeking to have Kagan disbarred as a practicing lawyer in front of the Supreme Court.

Klayman went on to say, "Then I'm going to ask the Supreme Court to refer the matter to the Justice Department for criminal investigation and possibly prosecution of obstruction of justice, because it was reasonably foreseeable that her altering that ... report would ultimately be used in court proceedings, including but not limited to the Supreme Court."

Klayman concludes, "Elena Kagan should not be a justice of the Supreme Court when she's defrauded the Supreme Court. In fact, she shouldn't even be allowed to practice in front of the Supreme Court under these circumstances."

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.

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