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The Obama / Kagan Connection

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Forwarded emails claim former U.S. Solicitor General Elena Kagan represented President Obama in court cases challenging his U.S. citizenship before he nominated her to the Supreme Court.

Description: Email rumors
Circulating since: Aug. 2010
Status: FALSE (see details below)

Example #1:
Email contributed by Yvonne S., Aug. 6, 2010:

Fw: Elana Kagan tied to Obama's birth certificate

It just keeps getting deeper and deeper, doesn't it?

By Joe Kovacs
©2010 WorldNetDaily

Just when you thought there couldn't be any more players in the ongoing soap opera over the hunt for President Obama's original birth certificate and his constitutional eligibility for office, there comes yet another name: Elena Kagan.

Yes, the same Elena Kagan nominated by the commander in chief to be the next justice on the U.S. Supreme Court has actually been playing a role for some time in the dispute over whether Obama is legally qualified to be in the White House.

Here's the connection. Kagan served as solicitor general of the United States from March 2009 until May of this year.

In that role, she legally represented the U.S. government in numerous cases coming before the Supreme Court.

A simple search of the high court's own website reveals Kagan's name coming up at least nine times on dockets involving Obama eligibility issues.

Docket No, 09-724, for instance, comes up with this in the search result:

Title: The Real Truth About Obama, Inc., Petitioner v. Federal Election Commission, et al. Reply of petitioner The Real Truth About Obama, Inc. filed. The Real Truth About Obama, Inc. Elena Kagan


Example #2:
Email contributed by an AOL user, Aug. 30, 2010:

Subject: Fw: It was payback time for Kagan / Snopes cannot be trusted

Why wouldn't we think that the corruption is rampant in this administration?

From a friend:

I went to Snopes to check this out and they said it was false and there were no such dockets so I googled the supreme court, typed in Obama Kagan, and guess what? Yep you got it. Snopes lied. Everyone of those dockets are there.

So Here is what I wrote Snopes:

WND article about Elena Kagan and Barak Obama dockets. The information you have posted stating that there were no such cases as claimed by WND and the examples you gave are blatently false. I went directly to the Supreme courts website, typed in Obama Kagan and immediately came up with all of the dockets that WND made reference too. I have long suspected that you really slant things but this was really shocking. Thank You, I hope you will be much more truthful in the future,

Bet you didn't know this....

Kagan was representing Obama in all the petitions to prove his citizenship. Now she may help rule on them.

Folks, this is really ugly.

Chicago Politics, and the beat goes on and on and on...

Once again the Senate sold us out.

Well, someone figured out why Obama nominated Elana Kagan for the Supreme Court.... Pull up the Supreme Courts website, go to the docket and search for Obama. She was the Solicitor General for all the suits against him filed with the Supreme Court to show proof of natural born citizenship. He owed her big time. All of the requests were denied of course. They were never heard. It just keeps getting deeper and deeper, doesn't it? The American people mean nothing any longer.. It's all about payback time for those that compromised themselves to elect someone that really has no true right to even be there. We should be getting so sick of all of this nonsense.

Here are some websites of the Supreme Court Docket:

You can look up some of these hearings and guess what?? Elana Kagan is the attorney representing Obama!!! Check out these examples:


Analysis: False. The earlier of the two messages above is a viral version of an article that appeared August 4, 2010 on the political news and opinion website WorldNetDaily.com. As you can see by viewing the "Editor's Note" that replaced the article days later, the website admits the court cases in question were incorrectly described as pertaining to Obama's Constitutional eligibility.

"Those cases, in fact, were a series of unrelated disputes pending before the Supreme Court," the disclaimer states, "and the references have been removed from this report."

Indeed, the references had to be removed because the fact-checking site Snopes.com delved into the details of the specific filings cited above and discovered that not one of them had anything to do with Obama's status as a natural-born U.S. citizen. In fact, the majority of the filings not only predated Obama's presidency but named George W. Bush as the original defendant. The dockets list Elena Kagan as Obama's attorney of record because it was her job as U.S. Solicitor General to represent the Executive Branch.

None of which, sad to say, stopped the grammatically-challenged author of a subsequent message (example #2 above) from repeating the disproven claims and bluntly stating "Snopes lied," when in fact the contrary is true: Snopes got it exactly right, yet again.

Note on George Soros: A later variant of this forwarded email alleges, without proof, that Snopes.com is financially backed by hedge fund tycoon and liberal philanthropist George Soros. This, too, is false. Snopes.com is entirely self-supporting via advertising sales.

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See also:

Snopes Exposed: Does Snopes.com Have a Liberal Bias?
Urban Legends, 29 April 2010

Sources and further reading:

Kangaroo Court
Snopes.com, 5 August 2010

No, Virginia, There Is No Obama/Kagan Connection
Snopes.com, September 2010

Last updated 02/16/11

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