Ben Johnson

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Kagan’s participation in ObamaCare decision may have violated judicial ethics and federal statute

Ben Johnson
Ben Johnson
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WASHINGTON, D.C., June 29, 2012, (LifeSiteNews.com) – Elena Kagan’s decision to vote on Thursday’s health care ruling may have violated judicial ethics and federal statute, legal experts say. As Solicitor General, Kagan appointed the head of the legal team that formulated the president’s legal defense of the health care reform bill, signaling a possible conflict of interest. Her participation, according to liberals and conservative scholars alike, casts a pall over the outcome.

“Her evident refusal to explain why she hasn’t recused herself given all the substantial information out there, taints the decision,” Judicial Watch President Tom Fitton told LifeSiteNews.com.

“We can be all upset, and rightly so, about [Chief Justice John] Roberts signing on to this terrible, judicial activist decision,” he said, “but in terms of good government there is now substantial question about the legitimacy of the decision, because of the outstanding questions about Kagan’s participation in the ObamaCare defense when she was Solicitor General.”

Federal statute 28 U.S.C. 455 demands that a judge must step aside “in any proceeding in which his impartiality might reasonably be questioned” or in which he (or she) “participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy.”

“Elena Kagan should have recused herself from this decision, considering she was Solicitor General during the highly contentious Congressional debates over the Affordable Care Act,” constitutional scholar John W. Whitehead, president of The Rutherford Institute, wrote in an e-mail to LifeSiteNews.com. “She was certainly in a position which would call into question her ability to be impartial in her ruling.”

After a contentious Freedom of Information Act request, Judicial Watch secured the text of multiple e-mails and the Vaughn index, which refers to seven e-mails written from March 17-21, 2010. Kagan was copied on three e-mails that discuss “what categories of legal arguments may arise and should be prepared in the anticipated lawsuit.” Another four dealt with “expected litigation” against the health care law.

On January 8, 2010, Brian Hauck, Senior Counsel to Associate Attorney General Thomas Perrelli, wrote to Kagan’s deputy, Neal Katyal, asking for the office’s assistance in “how to defend against the inevitable challenges to the health care proposals that are pending.” Three minutes later, Katyal replied, “Absolutely right on. Let’s crush them. I’ll speak with Elena and designate someone.” After Katyal volunteered, Kagan responded, “You should do it.”

A few hours later, Katyal updated Hauck, writing, “Brian, Elena would definitely like OSG [the Office of Solicitor General] to be involved in this set of issues.” Katyal added,”I will handle this myself, along with an Assistant from my office, (Name Redacted), and we will bring Elena in as needed.” (Emphasis added.)

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When Katyal suggested Kagan should attend a meeting “to help us prepare for litigation,”  Kagan ended the paper trail cold, responding, “What’s your phone number?”

Katyal would later insist Kagan had been “walled off from Day One,” and he had “never discussed the issue with her one bit.”

Kagan and Lawrence Tribe later exchanged e-mails celebrating the passage of the health care law.

Sen. Jeff Sessions, R-AL, called Kagan’s appointment of Katyal, “the legal equivalent of a firm’s senior partner delegating work to a junior associate.” Citing the Tenth Circuit Court’s ruling in United States v. Gipson and other precedents, Sessions argued that Kagan’s actions are all the law “requires to trigger mandatory recusal.” 

It is not merely conservatives who believe Kagan should have stepped aside.

Eric Segall, who describes himself as “a liberal constitutional law professor for more than 20 years, and a loyal Democrat,” wrote in Slate, “Elena Kagan should recuse herself from hearing challenges to the act.” He said even “the lack of certainty points to recusal, because it raises serious doubts…about the appearance that a Supreme Court Justice with a conflict of interest is sitting on a major case.” He noted no other justice had been as closely tied to a lawsuit as Kagan is to ObamaCare.

“She ought to step aside,” he wrote. “Nothing less than the integrity of the Supreme Court is at stake.”   

One of Kagan’s judicial heroes, Thurgood Marshall, disqualified himself in 98 of the 171 cases – 57 percent – decided his first year on the High Court, after leaving his post as Solicitor General. 

During her confirmation hearings, Kagan pledged to recuse herself if “officially formally approved something” or “played a substantial role.” 

Although that falls short of the legal standard, Chief Justice Roberts has taken a hands-off approach, writing at the end of last year that, because of the justices’ “exceptional integrity” and “character,” he had “complete confidence in the capability of my colleagues to determine when recusal is warranted.” 

Fitton wrote in a letter to Kagan that he did not call on her to recuse herself but demanded she “address the facts surrounding your tenure as Solicitor General” and her role in the PPACA legal defense “‘as they existed,’ not as they are being ‘surmised or reported.’” Yet she has refused to clarify her role in the defense.

“Her silence certainly does not instill faith that there isn’t something there that would cause even greater concern,” Fitton told LifeSiteNews.

For years, Judicial Watch has led the legal effort to uncover Kagan’s role in the administration’s defense of the unpopular and far-reaching law, and determine if she is required to refrain from weighing in on the case. 

Fitton told LifeSiteNews.com the fight would continue. “This issue is not over,” he said.

The organization is currently in another lawsuit, requesting all calendars, agenda, and phone logs for the meetings their previous document cache revealed. 

“I predict we’re still going to get documents about the Kagan question. It surely will be interesting to see what they disclose.”

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John-Henry Westen John-Henry Westen Follow John-Henry

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Video: Belgian police put a violent end to a legal pro-life rally in Brussels

John-Henry Westen John-Henry Westen Follow John-Henry
By John-Henry Westen
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BRUSSELS, March 31, 2015 (LifeSiteNews.com) -- Belgian police used force against pro-lifers holding a legal, peaceful picket Tuesday in the center of Brussels, near the European Parliament buildings.  The pro-life rally, led by activists from Poland, was surrounded by an angry mob of abortion supporters, but when the police intervened they forcibly removed the pro-life signs, and even a Polish flag, saying they were provoking aggression.

The pro-life rally, which displayed graphic abortion signs, was legally registered, and organized by Fundacja Pro, a very active pro-life group from Poland, along with Michał Marusik, a Polish Member of European Parliament, and the Instigos Institute.

Kaja Godek, one of Poland’s leading pro-life activists, described the scene at the Luxembourg Square in Brussels for LifeSiteNews:

When we display graphic abortion pictures on the streets of Poland, the reaction we get is mostly sympathetic. In Brussels, we met with aggression and a hysterical reaction. Some furious people surrounded us screaming that we were sick and that the photographs of abortion victims were a lie.

Jacek Januszewski, one of the youth participants, told LifeSiteNews, “They screamed vulgarities and obscene insults, specifically directed at the ladies in our group. They threw firecrackers, physically pushed us, and tried to steal our banners.”

Describing the actions of the police, Januszewski said, “They formed a circle around our group, but were facing us, as if we were the source of aggression, not the mob around us.” He continued, “Even after one of the policemen got hit on the back with something thrown at us by the mob, they still acted as if it was us who caused the danger. We were just standing there in shock."

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“At one point a man dressed in civilian clothes approached us all red in the face, pushed us and tried to take our banners by force,” said Januszewski. “When we resisted, he produced a police ID. We asked him what he was doing and what law allowed him to disrupt a legal demonstration like that. He screamed back at us: ‘I am the law in Brussels.’”

Godek commented on the undercover officer too. “The man in civilian clothes kept pointing to one specific banner we were holding, showing the face of Adolf Hitler with a caption ‘Hitler legalized abortion on demand for Poles.’ [The undercover policeman] was all red in the face and kept saying he didn't like it and that it was upsetting everybody. We told him we were being attacked and needed protection. He said that we were the danger, we were provoking violence.”

Watch videos (exchanges between police and protesters are audible and in English):

Part 1

Part 2

Part 3

Part 4

Part 5

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LifeSite Writers 2015
Steve Jalsevac Steve Jalsevac Follow Steve

The eye-opening size and scope of this mission

Steve Jalsevac Steve Jalsevac Follow Steve
By Steve Jalsevac
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LifeSite Support staff

Have you ever wondered who is behind LifeSite, and what our organization does with the money you donate?

Sometimes we find that readers of LifeSite, new readers in particular, understandably do not realize the size and scope of our mission: including not just how many millions of people read LifeSite (6 million people last month alone, for the record), but also the number of people and resources required to keep this unique international news service going every day.

It is quite an eye-opener when we list everything involved. Given the exponential growth of LifeSite over the past few years, it seems time to present an update. This should help you to understand why we must set our quarterly campaign goals at the very least at the levels that we do each time.

Every single member of the LifeSite team is passionately dedicated to our mission. Many have families with children and all depend on prayer (we have a staff prayer conference call every morning at 9:30 a.m.) to do this challenging work. They are also highly principled persons who see this work as being much more of personal mission than a “job”.

They care deeply about the issues that we write about and their impact on the world. At least several were on the “other side” in the past and experienced profound conversions to pro-life, pro-family beliefs.

In addition to the English language LifeSite, we also publish two other versions of LifeSite. There is the Spanish language Notifam and the Portuguese language Notifam.  These two services have been completely re-designed and their readership has dramatically increased in the past several months.

Almost all of our journalists are paid salaries or an hourly rate (part-timers). Nearly half are full-time, and the rest are part-time with widely varying total hours per month. A small number of the part-timers are able to offer their work to LifeSite as a no-charge gift to the pro-life and pro-family cause.

Almost all of the news reporters work from their homes. Our one office is located in Front Royal, Virginia in the Human Life International building. Much of the LifeSite, Canada administration work (payroll, bookkeeping, mail and donation receiving, etc.) is contracted to Campaign Life Coalition (CLC) in Toronto. We are very grateful for CLC’s assistance.

Since the introduction of our dramatically new website last year, we have also been able to add prominent paid bloggers to the LifeSite team. In addition to our own bloggers, other notable pro-life bloggers such as Jill Stanek and Ryan Bomberger permit us to re-publish and often give much wider exposure to posts from their blog sites.

Back in September 1997, it was just John-Henry Westen and myself, the two founding staff of Lifesite. Things have certainly changed since then.

CURRENT NEWS TEAM

North America

1.  John-Henry Westen – Co-founder, Editor-in-Chief, journalist
2.  Steve Jalsevac – Co-founder, managing director, editor, journalist
3.  John Jalsevac – Website development, petitions, journalist
4.  Patrick Craine – Managing editor, journalist, Canadian bureau chief
5.  Ben Johnson – US bureau chief, journalist
6.  Dustin Siggins – Washington DC bureau reporter and media outreach
7.  Kirsten Andersen – Washington DC and region reporter
8.  Lisa Bourne – Journalist
9.  Pete Baklinski – Journalist
10. Ted Baklinski – Journalist
11. Lianne Laurence – Toronto journalist and LSN Canada donor relations
12. Steve Weatherbe – Journalist
13. Drew Belsky – Journalist

International

14. Hilary White (Italy) – Rome and Europe reporter
15. Jeanne Smits (Paris, France) – European reporter
16. Andrew Smith – Australian reporter
17. Michelle Kaufman – New Zealand reporter
18. Matthew Hoffman – Latin American reporter
19. Guilherme Ferreira Araujo – Brazilian editor
20. Gualberto Garcia Jones – Latin America bureau chief
21. Sophia Vazquez Mellado – Spanish language reporter
22. Mei-Li Beane – Spanish Language reporter
23. Natalia Dueholm – Polish correspondent
24. Matthew McCusker – London correspondent

Bloggers

25. Anthony Esolen
26. Matt Fradd
27. Abby Johnson
28. Jonathon van Maren
29. Melanie Pritchard

SUPPORT TEAM

30. Jon Fidero – Development Director
31. Andy Parrish – Marketing, media, public relations
32. Clare Maagad – LSN U.S. Office Manager
33. Meghan Mulherin – Database management, Donor relations coordinator
34. Linda Wilson – Donor relations
35. Tommy Farrell – Donor relations
36. Theresa Jalsevac – Daily news subscriber services, article publishing
37. Jacob Westen – Article publishing

EXTERNAL SERVICES

LifeSite employs the services of a wide variety of companies and individuals for website design and development, video production, graphic design, donation processing, mass emailing of the Daily News, web hosting, payroll, legal work, marketing of LifeSite and much more.

Some of these external costs are in the six-figure level, given the large volume and variety of material that we publish, the cutting edge complexity of the website and the high level of traffic that LifeSite must now be able to handle.

We also have on-going and major electronic equipment costs since we are a digital service requiring high quality, reliable and the most up-to-date digital resources.

Finally, our team, and especially John-Henry, have been required to do a lot more travelling in recent years to cover major stories on site and to attend and be actively involved in very important meetings in several nations.  

The Marches for life in Washington, DC, Ottawa Canada and Rome, Italy have required a team of LSN staff. As well, we are the original organizers of the Rome Life Forum in Vatican City that is now billed as a Voice of the Family (which LifeSite co-founded) event and is co-sponsored by a number of International groups.

I hope this has helped you to much better understand our financial needs and will encourage any who might have been hesitant to donate to re-consider and send a generous gift for the LifeSite mission.

We are amazed that so much has been accomplished over the years, thanks especially to the generosity of those who believe in what we do and have wanted to express their appreciation for this work and what it has meant to them.

Please join our other supporters today with your gift.

You can also donate by phone or mail. We would love to hear from you!

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Courtesy of Stand True Ministries
Bryan Kemper Follow Bryan

10 years ago today, Terri Schiavo died an agonizing death. I was with her family. Where were you?

Bryan Kemper Follow Bryan
By Bryan Kemper
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March 31, 2015 (StandTrue.com) -- For twenty-four years I have been involved with pro-life work in one way or another. Over those twenty-four years I have talked to thousands of people about their involvement, why they got involved, how they got involved and what motivates them to continue. We have talked about what happened in 1973 and where were all the Christians when Roe vs. Wade was passed. We would wonder why Christians would ignore human rights and own slaves in the time of the Dred Scott decision. We would tell stories about the few brave Christians that hid Jews during the Holocaust and proclaim that if it were we in those times we would have been a voice. If we were around in those days we would have risked all to save an innocent life; that is what we said, at least.

Ten years ago a young woman in Florida who was handicapped began an agonizing and painful journey towards death. Her husband, who had once made a vow to love and honor her through good times and bad, murdered her on national television. Her husband, who had already broken his vows to her by living with another woman and fathering children with her, went to court to have his wife starved and dehydrated to death. Terri Schiavo held onto life and fought for 13 days before finally dying on Thursday, March 31, 2005.

When I arrived in Florida one week before her death I expected to see thousands and thousands of Christians in front of the hospice praying, singing and crying out for Terri. I expected to see all those people who said, “I would have been there to stand up if I were around in the times of Roe vs. Wade or during the Holocaust.” I was sadly disappointed.

I walked up and saw maybe 150 people at most — some of them familiar faces from the pro-life movement, some of them just wanting to be on TV. I started to walk around and ask where people were from and most of them were from out of town; it was hard to find anyone from the Tampa area there to stand up for Terri. For years I wondered where the Christians were when Roe vs. Wade was passed, and now I had the answer.

I spent the first day walking around the crowd praying with people, talking about what could be done and simply being there in solidarity with our sister as she was dying. When I arrived the second day I talked to Terri’s sister whom I had met in Washington, DC, in January, when I volunteered my services to the family. I was asked to help guard the family and escort them around as everyone was swarming them.

I spent a lot of time just sitting with them and listening to stories about Terri and her life growing up. Her dad told a story about when Terri ran over a cat and how upset she was over this poor little cat. The friends shared beautiful stories and memories that I will treasure forever.

During this time we also spent a lot of time in prayer, with many different Christian leaders and friends. Everyone would be talking about a possible option and then someone would just stop and say, “Let’s pray.” There was more spontaneous prayer than I had ever seen. I would walk among the people there in support and see small groups up and down the street praying, singing hymns and just reading the Scriptures out loud. There may not have been a large group there, but they were dedicated and focused on prayer.

I spent a lot of time walking the family through the media circus to and from the hospice trying to give them a little privacy. I would walk Terri’s dad through the crowd every night as he thanked all the supporters for being there for Terri.

I talked to many of the behind-the-scenes media people who were obviously shaken by this tragedy. I saw people from all different walks of life and political and religious backgrounds taking a stand. There were many non-Christian people there in support of Terri, and dozens of handicapped people from a group called Not Dead Yet. I even spent time in prayer with the Rev. Jesse Jackson as he came to help the family and speak out for Terri. I never in a million years would have believed that I would sit in a room praying with Randal Terry, Jesse Jackson and Sean Hannity.

Each night at about 11:00 PM I would leave the hospice area and go get something to eat and try to catch up on some computer work and grab a few hours of sleep. I talked to a lot of people at different restaurants that would ask us what was really happening there. One night Terri’s brother, Bobby, came out to eat with us. When he left, the people there asked us questions and wanted to know the truth about the whole situation; they were shocked when they got the true facts about Terri.

On Wednesday night I went to the hotel and was especially saddened as we were reaching 13 days. My friend Will and I sat in the pool at the hotel at 2:00 AM discussing the past week and what else could have been done. I finally got to sleep at about 3:00 AM. Early the next morning, I was awoken by Will telling me that Terri had died.

We quickly packed our bags and went to the car to drive over to the hospice a few blocks away. As I got into the car it really began to hit me what had just happened and I started to cry. I picked up my cell phone and called my wife and children; I just needed to hear their voices and tell them I loved them.

I got to the hospice and stood guard outside the room the family was in to give them some privacy. The room was tucked in behind all the major media trucks and production areas. I watched as many of the media producers and reporters were fighting back tears. I watched reporters hugging the family and giving condolences; they were truly touched by Terri’s family. Many of the media that I had gotten to know expressed their grief to me, some of them on-air personalities who were affected greatly.

After the family was done making their statements for the day, I made my rounds to offer my condolences and say my goodbyes. I told the family about all the Stand True supporters and family that had asked me to send their best wishes and prayers. I thanked them for their strength and resolve in the fight for Terri’s life. I let them know that we at Stand True will never let Terri’s name die and that we will continue the fight for life and others like Terri.

I will never forget and I will never stop telling her story. 

HTTP://WWW.TERRISFIGHT.ORG

Also read Father Frank Pavone’s memory of his time with Terri.

HTTP://WWW.WASHINGTONTIMES.COM/NEWS/2015/MAR/30/FRANK-PAVONE-TERRI-SCHIAVOS-INCONVENIENT-LIFE/

Reprinted with permission from Stand True.

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