05.21.10

Comment On National Archive And Clinton Library Efforts To Identify Materials In Connection With Solicitor General Elena Kagan’s Nomination To Be An Associate Justice Of The United States Supreme Court

A copy of the letter from David S. Ferriero to Chairman Leahy and Ranking Member Sessions is available online.

“The National Archives and Records Administration and the Clinton Library are undertaking an exhaustive and thorough search for records responsive to the requests of the White House and the Senate Judiciary Committee.  The search methodology they have outlined appears to be more comprehensive than that undertaken in response to Senate Democrats’ narrow request for high-priority documents related to the Roberts’ nomination in 2005.  I also appreciate their willingness to provide materials to the Committee on a rolling basis, and their efforts to begin making these documents available to the Committee by June 4.

“In recent years, the Committee has taken great care to make the confirmation process for judicial nominees, particularly Supreme Court nominees, as transparent as possible.  Solicitor General Kagan has provided thorough and complete responses to the Committee’s bipartisan questionnaire.  The Obama administration has gone to great measures to request the expedited production of an unprecedented volume of materials in connection with this nomination, and I applaud the administration’s decision not to assert executive privilege in connection with these documents.  Right now, the Committee has available for its review thousands of pages of documents from Elena Kagan’s service as Solicitor General, from her tenure as Dean of Harvard Law School, her time in the Clinton administration, and her work as a law clerk for Justice Thurgood Marshall.  These materials provide a strong foundation for the Committee’s preparation for her confirmation hearing.”

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