Declaration Alliance

Ethics, Criminal Complaints filed
to disbar Elena Kagan

 'She should not be a justice when she's defrauded the Supreme Court'

Declaration Alliance has retained noted attorney Larry Klayman to file an ethics complaint seeking to have Supreme Court nominee Elena Kagan disbarred from practicing before the court she aspires to join – and possibly subjected to criminal prosecution – for her role in an escalating scandal.
Kagan's political maneuvers while an attorney for President Bill Clinton led to language authored by her becoming accepted as "official findings" of a medical "expert panel."  Kagan's inserted language misled the federal courts, including the Supreme Court, into upholding for nearly a decade legal protections for the heinous practice known as partial-birth abortion that 30 states had attempted to ban.

Klayman, founder of the Judicial Watch and Freedom Watch USA public interest law groups, is bringing the complaint at the behest of Declaration Alliance, the national pro-life social welfare organization founded in 1996 by Ambassador Alan Keyes.  The complaint alleges Kagan fraudulently altered an official scientific report used as evidence by the Supreme Court to persuade the justices to overturn bans on partial-birth abortion -- and then recently lied about her actions under oath.

Dozens of pro-life organizations are already calling for a Senate investigation of Kagan's 1997 alterations to an American College of Obstetricians and Gynecologists (ACOG) expert report, which was then used by the Supreme Court as justification for overturning Nebraska's partial-birth abortion ban in 2000.

In her confirmation hearings, Kagan may have perjured herself during the course of Justice Committee questioning about her actions in having altered the report.  She defended her participation in political meetings and editing of the report by stating, "My only dealings with ACOG were about talking with them about how to ensure that their statement expressed their views."

In light of detailed review and analysis by Americans United for Life and others of Kagan's contemporaneous documentation on these matters, there can be no doubt that this testimony is false and misleading.  Kagan's amended language to the ACOG report was politically negotiated and strategized, and  it dramatically changed the meaning of the ACOG statement.  Court records show the ACOG report as altered by Kagan was passed off to the Supreme Court as official scientific opinion, even though the ACOG's panel of scientists never reviewed or approved Kagan's wording.

Declaration Alliance believes Kagan's behind-the-scenes work constitutes "conspiracy to defraud the Supreme Court," and in the public interest is taking immediately the evidence that has been compiled by 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.

And on advice of counsel, Declaration Alliance will not stop there.

States Klayman, "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 [ACOG] report would ultimately be used in court proceedings, including but not limited to the Supreme Court."

Even if Kagan is confirmed by a vote in the Senate, Declaration Alliance will not give up the fight.  "If she is ultimately confirmed – and we can hope that she will not be – then we will go to phase two, which will be impeachment," stated Klayman.

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."
Declaration Alliance will pursue all recourse under law to ensure that justice prevails against Kagan's abuse of the public trust.  Any pro-life, pro-family, pro-Constitution civic organization also desiring to uphold the ethical standards of American justice by aggressively pursuit of sanction against Elena Kagan is invited to join in this effort.  For more information , please call toll free 866-243-3172. is authorized and paid for by Declaration Alliance (DA), a 501(c)(4) social welfare organization which focuses on nonpartisan civic education and advocacy regarding important national issues.