The email exchange all happened under the subject line, "fingers and toes crossed today!" -- clearly indicating that both Tribe and Kagan were discussing with great anticipation the imminent passage of ObamaCare.
At 11:39am, Kagan emailed Tribe:
"I hear they have the votes, Larry!! Simply amazing."
Note Kagan's over-emphasis (two exclamation points) and her gleeful language ("simply amazing").
By late afternoon, ObamaCare was passed, causing Tribe to reply by email:
"So health care is basically done! Remarkable. And with the Stupak group accepting the magic of what amounts to a signing statement on steriods!"
Note that the exclamation points are all Tribe's. He is just as amazed and thrilled as Kagan and even seems gleeful about the fast-one they pulled on Stupak and other pro-life Democrats.
Go here to see the actual "smoking gun" emails that demand Kagan's recusal from the ObamaCare case (you will find it in the right side of the copy):
http://www.grassfire.com/161/petition.asp
Why does this matter?
First, the Obama team managed to bury the evidence of this "smoking gun" for months. A thorough vetting of Kagan's role in ObamaCare could have forced her to pledge to recuse herself from this case in order to get confirmed.
Second, it clearly shows that Kagan -- as Solicitor General -- had a rooting interest in the passage of ObamaCare. She supported the bill and seemed joyful at the bill's passage. And as the Judicial Crisis Network (JCN) has carefully documented, Kagan engaged her department in the strategy to defend ObamaCare in court “before [ObamaCare] had even been signed into law.” JCN also tracks how Kagan was involved in the “deliberative process” for her office’s legal defense of ObamaCare.
+ + Citizen Petition Demanding Kagan's Recusal
As you may know, Grassfire Nation has launched a national petition calling on Justice Kagan to recuse herself from the ObamaCare case or to be disqualified by appropriate legal means. Already, more than 40,000 citizens have signed.
Our records show that you have not yet signed this Citizen Petition demanding Kagan's Recusal. Petitions will be delivered in the next two weeks. If you want to be incluced in this delivery, go here:
http://www.grassfire.com/161/petition.asp
Thanks for taking action.
Steve Elliott
Grassfire Nation
P.S. We want to deliver at least 50,000 petitions in the next two weeks. Please go here to see the "smoking gun" and to sign:
http://www.grassfire.com/161/petition.asp
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