CNSNews.com’s anti-Kagan crusade continues — and merges with its recently discovered tool of using Freedom of Information Act request to play gotcha with government officials — with a June 28 article by Terry Jeffrey trying to create a scandal where there isn’t one.
CNS is trying to figure out which issues Elena Kagan would have recuse herself from as a Supreme Court justice based on her work as solicitor general, so it filed an FOIA request with the solicitor general’s office demanding records by Kagan mostly in reference to health care reform.
Of course, recusal is a non-issue — Jeffrey offers no evidence that Kagan has refused to recuse as necessary in the past and, as even Jeffrey points out, Kagan has recused herself from her work as solicitor general due to her Supreme Court nomination. Nevertheless, Jeffrey finds it significant that the office is seeking “clarification” on CNS’ broad request for documents regarding “the administration’s health-care reform plan,” putting the “delay” in the opening paragraph and, thus, suggesting that it is intentionally stalling.
Jeffrey is trying to create a controversy where there isn’t one. Anyone surprised?