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NLWJC - KAGAN
STAFF & OFFICE - D.C. CIRCUIT
BOX 001 - FOLDER 001 DC
Elena Kagan - D.C. Circuit
�FOIA Number: Kagan
FOIA
MARK~:R
This is not a textual record. This is used as an
administrative marker by the William J. Clinton
Presidential Library Staff.
CollectionlRecord Group:
Clinton Presidential Records
Subgroup/Office of Origin:
Counsel Office
Series/Staff Member:
Eric Angel
Sub series:
18280
OAiID Number:
FolderID:
Folder Title:
Elena Kagan - D.C. Circuit
Stack:
Row:
Section:
Shelf:
Position:
v
7
4
3
1
�Withdrawal/Redaction Sheet
Clinton Library
DOClJMENT NO.
AND TYPE
SlJRJECT(fITLE
DATE
RESTRICTION
00 I. letter
Beth Nolan to Orrin Hatch re: Elena Kagan (3 pages)
ca. 03/2000
P2, PS
002. questionnaire
Supplemental Responses to Senate Judiciary Committee
Questionnaire (I page)
n.d.
P2,PS
003. questionnaire
Supplemental Responses to Senate Judiciary Committee
Questionnaire (I page)
n.d.
P2, PS
004. letter
Beth Nolan to Orrin Hatch re: Elena Kagan (3 pages)
ca. 03/2000
P2, PS
OOS. questionnaire
Supplemental Responses to Senate Judiciary Committee
Questionnaire (2 pages)
n.d.
P2, PS
006. form
Financial Disclosure Report for Calendar Year 1998 (4 pages)
02/0S/2000
P6/b(6)
007a.
Supplemental Responses to Senate Judiciary Committee
Questionnaire (2 pages)
n.d.
P2, PS
questionnaire
007b. form
Financial Disclosure Report for Calendar Year 1998 (4 pages)
02/0S/2000
P6/b(6)
008. letter
Beth Nolan to Orrin Hatch re: Elena Kagan (3 pages)
04124/2000
P2,PS
009. letter
Beth Nolan to Orrin Hatch re: Elena Kagan (3 pages)
04/2S/2000
P2, PS
COLLECTION:
Clinton Presidential Records
Counsel's Office
Eric Angel
ONBox Number: 18280
FOLDER TITLE:
Elena Kagan. D.C. Circuit
2009·I006·F
kh554
RESTRICTION CODES
Presidential Records Act - 144 U.S.C. 2204(8)1
PI
P2
P3
P4
National Security Classified Information l(a)(I) orthe PRAI
Relating to the appointment to Federal office l(a)(2) orthe PRA)
Release would violate a Federal statute 1(8)(3) of the PRA)
Release would disclose trade secrels or (oRfidential commercial or
financial information l(a)(4) of the PRAI
PS Release would disclose confidential advice between the President
and his advisors. or between such advisors 111)(5) of the PRA]
P6 Release would constitute a clearly unwarranted im1osion of
personal princy ](0)(6) of the PRAI
C. Closed in accordance with restrictions contained in donor's deed
PR~1.
of gift.
Personal record misfile defined in accordance with 44 U.S.c.
220t(3).
RR. Document will be re\'iewed upon request.
Freedom of Information Act - 15 U.S.C. 5S2(b))
b(l) National security classified information ](b)(I) of the FOlAl
b(2) Release would disclose internal personnel rules and practices of
an agency l(b)(2) of the FOIA)
b(3) Release would violate a Federal statute (b)(3) of the FOIA)
b(4) Release would disclose trade secrets or confidential or financial
information (b)(4) of the FOIA]
b(6) Release would constitute a clearly unwarranted invasion of
personal privacy I(b)(6) of the FOIA)
b(7) Release would disclose information compiled for law enforcement
purposes l(b)(7) of the FOIAI
b(8) Release would disclose information concerning the regulation of
financial institutions l(b)(8) of the FOIAI
b(9) Release would disclose, geological or geophysical information
concerning wells ](b)(9) of the FOIAI
�}
N.
DETERMINED TO BE AN .
ADMINISTRATIVE MARKING
INITIALS:
DATE: 51''I)o~
l.
,
Full·name (include any former names used).
:!.
Address:
:t;
Lis~
address(es).
whore
3.
yQU
current place of residence and of~ice
and home telephone numbers
L~s~ all office
mGY be
~oached.
Have you ever been discharged from employment for any rea~on
or have you ever re5igna~ at~er baing informed that your
employer intended co discharge you?
yo,,%- spouse filed and paid all taxes ([eC1~ral,
and local) as of ~h8 date af your nomina~ion? Please
indLcate if you filad ".arriod f1l;nq separately".
Did you
make any back tax payments prior to your nominations? If
$0, give full details.
Have you and
s~ate
S. _ HII.& a tax lien or .other collection procedure (to include
..
receip~ of computer balance due noticeS) ever been
insti~uted against you by federal, s~ate, or local
au~horities?
If so, give full de~ailB.
6.
7.
·Rave you or your spouse ever been the subject of any audi~,
inves~ig~~1on. or inquiry for either federal. state, or
local taxes? Xl so. qlve tu11 de~a~l~.
Have you or your spouse ever declared bankruptcy?
give particulars.
If so,
itA"'" you to you. know1ecigo CVC~ b ..... n ",nder fed,,-cal, state,
or local investiga~ion for a possible violation of either ~
civil or criminal statute or administrative agency
.
requla1:.ion? It 'so, give full da~a1.1s. Hall any Qrg .. nil:tl~ion
of.vhich YOU were an officer, director, or ac~ive
participant Aver been the subjec~ of such an investigation
~i~h respect to activities wichin your responsibility?
![
so, give full details.
Have you ever been the subject of IS complain~ to any courL,
administrative agency, bar association, dis.ciplinary
collllfti1::tee, or. other professiona~ group :Cor a bre/:l.ch of
ethics,. unprofessional conduct or ~ __ $iola~ion of any ru Ie 0 f
pr~c~~==?
t~ 8 0 , 9~vo part~culA~s~
10.
Have you ever ~;een· a pany (whether plaintiff, defendan~ or
in any o~her capacity) Lo any l~~iqD~ion?
11.
Please advise ~ha Committee of any ~nfavorable informacion
~hat may affeet your nomination.
�IV.
•
eeNFIIU!N'fIMl
. DETERMINED TO BE AN
ADMINISTRATIVE MARKING
INITIALS:~.DATE: ~/''fIDo,
1.
Full·n~e
2.
Address: Liat current place of res~dence and oftice
addressees). List all office and home telephone numbers
whore yo~ ~y De roached.
3.
Have you ever been discharged from employment for any rea~on
or have you ever resiqne~ atter being informed thQt your
employer .intended Co discharge you?
4.
·Have you and your spouse filed and paid all taxes (ieClaoral·,
state and local) as of the date of your nomination? Please
indicate if you filed ft=arriod fi1;n9 separately".
Did you
~ke any back tax payments prior to your nominations?
If
$0, give full details.
S.
Hal> II. tax lien or .other collection procedure (to include
rec;eipt of computer bolance due not'.iceS) ever been:
instituted ogsinst you by federal, state, or local
authorities? If so, give full details.
6.
Have you or your spou#e ever been the subject of anyaudic,
inveBti9~~ion, or inquiry for either federal, state, or
local ta~eB1 It so, 9~ve full ~e~uil=.
7"
Have you or your spouse ever declared banxruptcy?
give particulars.
(include any former names used).
If so,
HA~~ you to your knowledgo ever Dggn ~d.r fedAcal, state,
or local investi9a~ion for a possible Violation of .. eit.her i\
civil or criminal statute or administra~ive agency
requls1:.ion? If 'so, qive full de~a11s. Hall Clny or.... ni>:Il~ion
cf.~hich you were an 9ff1cer, director, or active
partieipan~ ~ver been the subjeCt of such an investigation
~ith respect to ac~ivities ~ichin your responsibility:
r[
so, give full details.
Have you ever been the subject of a. compl.aint to any couct.,
administrative agency, bar aSSOCiation, d~~ciplinary
cOl!lJl\ittee, or. other professional group tor a ttrelOch of
ethicS, unprofessional conduct or ~,_~iolation of any rule of
pr:..,tol.cc? If 80, gi.VQ particul;n:s;· .......
10.
Rave you ever b"een· a party ("'he~her plaintiff, defendant. or
in any o~her capacity) LO any li.~i.qD~i.on?
11.
Please advise ~he Committee of any ~nfavorable informa~ion
that may affee~ your nomination.
�Withdrawal/Redaction Marker
Clinton Library
DOCUME~T
NO.
SUBJECfrrlTLE
DATE
RESTRICfIO;l;
AND TYPE
001. letter
Beth Nolan to Orrin Hatch re: Elena Kagan (3 pages)
ca. 03/2000
P2, P5
COLLECTION:
Clinton Presidential Records
Counsel's Office
Eric Angel
ONBox Number: 18280
FOLDER TITLE:
Elena Kagan - D.C. Circuit
2009-1006-F
kh554
RESTRICTION CODES
Presidential Records Act • (44 U.S.c. 2204(0)1
Freedom of Information Act - 15 U.S.c. 5S2(b)l
PI National Security Classified Information «a)(l) of the PRA)
P2 Relating to the appointment to Federal office /(a)(2) of the PRAI
P3 Release would \-'iolalc a Federal statute l(a)(3) of the PRAI
b(l) National security classified information (b)(1) of the FOIAI
b(2) Release would disclose internal personnel rules and practices of
an agency l(b)(2) of the FOIAI
b(3) Release would violate a Federal statute [(b)(3) of the FOIAI
b(4) Release would disclose trade secrets or confidential or financial
information l(b)(4) of the FOIAI
b(6) Release would constitute a clearly unwarranted invasion of
personal pri\'acy ((b)(6) of the FOIAI
b(7) Release would disclose information compiled for law enforcement
purposes l(b)(7) of the FOIAI
b(8) Release would disclose information concerning the regulation of
financial institutions I(b)(8) of the FOIAI
b(9) Release would disclose geological or geophysical information
concerning wells l(b)(9) of the FOIAI
P4 Release would disclose trade secrets or confidential commercial or
financial information l(a)(4) of the PRAI
P5 Release would disclose confidential advice between the I'resident
and his advisors, or between such advisors la)(5) of the PRAI
P6 Release would constitute a clearly unwarranted im1asion of
personal prh'acy l(a)(6) of the PRAI
C. Closed in accordance with restrictions contained in donor's deed
of gift.
PRM. Personal record misfile defined in accordance with 44 V.S.c.
2201(3).
RR. Document will be reviewed upon request.
�Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
AND TYPE
002. questionnaire
SUBJECTfI"ITLE
DATE
Supplemental Responses to Senate Judiciary Committee
Questionnaire (I page)
n.d.
RESTRICTION
P2,P5
COLLECTION:
Clinton Presidential Records
Counsel's Office
Eric Angel
ONBox Number:
18280
FOLDER TITLE:
Elena Kagan - D.C. Circuit
2009- I 006-F
kh554
RESTRICTION CODES
Presidential Records Act - 144 U.S.c. 2204(a))
Freedom of Information Act - 15 U.S.c. SS2(b»)
PI
P2
P3
P4
b(2) Release would disclose internal personnel rules and practices of
an agency [(b)(2) of the FOIAI
National Security Classified Information \(a)(I) of the PRAI
Relating to the appointment to Federal ortiec (a)(2) of the PRAI
Release would violate a Federal statute l(a)(3) orthe PRAI
Release would disclose trade secrets or confidenlial commercial or
financial information [(a)(4) of the PRAI
P5 Release would disclose confidential ad\'ice between the President
and his advisors, or between such advisors 111)(5) of the PRAI
P6 Release would constitute a clearly unwarranted invasion of
personal pri\'acy [(a)(6) of the PRAI
C. Closed in accordance with restrictions contained in donor's deed
of gift.
PRM. Personal record misfile defined in accordance with 44 U.S.c.
2201(3).
RR. Document will be reviewed upon request.
b(1) National security classified information ((b)( I) of the FOlAl
b(J) Release would violate a Federal statute [(b)(J) of the FOIAI
b(4) Release would disclose trade secrets or confidential or financial
information [(b)(4) of the FOIAI
b(6) Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIAI
b(7) Release would disclose information compiled for law enforcement
purposes l(b)(7) of the FOIAI
b(8) Release would disclose information concerning the regulation of
financial institutions l(b)(8) of the .'OIAI
b(9) Release would disclose geological or geophysical information
concerning wells «b)(9) of the FOIA)
�Withdrawal/Redaction Marker
Clinton Library
DDCUME"'T "'0.
AND TYPE
003. questionnaire
SUBJECTrrrrU:
DATE
Supplemental Responses to Senate Judiciary Committee
Questionnaire (I page)
n.d.
RESTRICTION
P2,P5
COLLECTION:
Clinton Presidential Records
Counsel's Office
Eric Angel
OAIBox Number: 18280
FOLDER TITLE:
Elena Kagan - D.C. Circuit
2009- 1006-F
kh554
RESTRICTION CODES
Presidential Records Act -144 U.S.c. 2204{a)l
Freedom of Information Act - [5 U.S.C. 552(b)l
PI ~ational Security Classified Information 1(8)(1) orlhe PRAI
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
P3 Release would violate a Federal statute /(a)(3) orlhe PRA)
P4 Release would disclose trade secrets or confidential commercial or
financial information 1(8)(4) of the PRAI
P5 Release would disclose confidential advice between the President
and his advisors, or between such advisors la)(5) oflhe PRAj
P6 Release would constitute a clearly unwarranted invasion of
personal prh1acy «a)(6) of the PRAI
b(l) National security classified information I(b)(I) of the FOIAI
b(2) Release would disclose internal personnel rules lind practices of
an agency I(b)(2) of the FOIAI
b(J) Release would violate a Federal statute I(b)(J) of the FOIAI
b(4) Release would disclose trade secrets or confidential or financial
information [(b)(4) of the FOIA)
b(6) Release would constitute a clearly unwarranted invasion of
personal privacy l(b)(6) of the FOIA)
b(7) Release would disclose information compiled for law enforcement
purposes l(b)(7) of the FOIAI
b(8) Release would disclose information concerning the regulation of
financial institutions l(b)(8) of the FOIAI
b(9) Release would disclose geological or geophysical information
concerning wells [(b)(9) of the FOIAI
C. Closed in accordance with restrictions contained in donor's deed
ofgifl.
PRM. Personal record misfile defined in accordance with 44 U.S.C.
2201(3).
RR. Document will be re\'iewed upon request.
�Withdrawal/Redaction Marker
Clinton Library
DOCliMENT NO.
AND TYPE
004. letter
SlIBJECTrrITLE
DATE
Beth Nolan to Orrin Hatch re: Elena Kagan (3 pages)
ca. 03/2000
RI:STRICTION
P2, P5
COLLECTION:
Clinton Presidential Records
Counsel's Office
Eric Angel
ONBox Number: 18280
FOLDER TITLE:
Elena Kagan - D.C. Circuit
2009- J 006-F
kh554
RESTRICTION CODES
Presidential Records Act· (44 U.S.c. 2204(11)1
Freedom of Information Act -15 U.S.c. 5S2(b)J
PI ~ational Security Classified Informatioll [(a)(l) of the PRAI
P2 Relating to the appointment to Federal ortier l(a)(2) of the PRAI
P3 Release would violate a Federal statute [(a)(3) of the PRA(
P4 Release would disclose trade secrets or ronfidential commercial or
financial information (a)(4) of the PRAI
P5 Release would disclose confidential advice between the President
and his advisors, or between such advisors (a)(5) of the PRA)
P6 Release would constitute II clearly unwarranted invasion of
personal privacy l(a)(6) of the PRAI
b(l) National security classified information l(b)(l) of the FOlAl
b(2) Release would disclose internal personnel rules and practices of
an agency l(b)(2) .fthe FOIAI
b(3) Release would violate a Federal statute J(b)(3) of the FOIAI
b(4) Release would disclose trade secrets or confidential or financial
information l(b)(4) of the FOJAI
b(6) Release would constitute a clearly unwarranted invasion of
personal privacy l(b)(6) of the FOIAI
b(7) Release would disclose information compiled for law enforcement
purposes l(b)(7) of the FOJAI
b(8) Release would disclose information concerning the regulation of
financial institutions l(b)(8) of the FOIAI
b(9) Release would disclose ~eological or geophysical information
concerning wells [(b)(9) of the FOJAI
C. Closed in accordance with restrictions contained in donor's deed
of gift.
PRM. Personal record mislile defined in accordance with 44 U.S.c.
2201(3).
RR. Document will be reviewed upon request.
�UiliilUU
l
lUb 11 .• U rAA D~f~~a~~~V
•
lessig@pobox.com, 07:56 AM 01/11/2000 +0100, Re: <no subject>
Page 1 00
Date: Tue, 11 Jan 2000 07:56:16 +0100
.
Subject: Re: <no subject>
User-Agent: Microsoft Outlook Express Macintosh Edition - 5.01 (1630)
Sender: lessig@pobox.com
From: lessig@pobox.com
To: ekagan@law.harvard.edu
yep, court of appeals.
Lessig
(9/1 199-7/31 100}
Wissenschaftskolleg zu Berlin
WaliotstraBe 19
14193 Berlin
Germany
011.49.30.89001.351 ~vx home)
011.49.30.89001.235 vx office) .
001.49.30.89001.300 be)
419.831.9295 (fax)
< bUp:f.Lgi'be r.Iaw .h~r'!<lrc:l.ec:Wllesslfl,h~ml>
<hI:!QJjcoc;!~is~.I<!Y!:,Qrg>
<m<!iltQ.:lessig@QQ!J.9.)(.~9.!!!>
> From: Elena Kagan <ekagan@law.harvard.edu>
> Date: Mon, 10 Jan 2000 13:34:29 -0500
> To: lessig@pobox.com
> Subject: Re: <no subject>
>
> I'm confused - how is it that you have Hatch confinning only 24 judges
> since he's been chair? Are these just circuit court judges?
>
:>
At 12:05 PM 01/07/2000 +0100, you wrote:
>
>
.
I read how your friend Hatch in a press statement issued last week attacked
» other GOP candidates for "not placing a grater emphasis on the importance of
» the judicial nominating process - especially as it may impact on our
» Constitutional government and conservative values."
»
:»
»
» So I did the attached analysis. (the attached file is a Word file). You
» might find it interesting. The first column is the Chairman of the Judiciary
» Committee (historical listing below). The second is the number of judges
» that chairman confirmed. And the third the the average time between
» nomination and confirmation. As you'll see, Hatch is by far the worst - 191
» days, vs the 100 for the next dosest (Biden).
»
» These numbers are· preliminary (they were hard to calculate and can't be
» published without my checking a few facts), but if you think it would be
» worth it to put this in an op-ed somewhere (Hatch says he's a great
» administrator arid a great originalist, but no chairman has more clearly
Printed for Elena Kagan <ekagan@law.harvard.edu>
01111/2000
�,.
,.
lessig@pobox.com, 07:56 AM 01/1112000 +0100. Rc: <no subjcct>
'f!:..IUUo.J
Page 2 of3
» turned the system political). I'd be happy to clean it up.
»
» Hope you're well.
»
»
» 1816-1817: Dudley Chase (R-VT)
» 1817-1818: John J. Crittenden (R-KY)
» 1818-1819: James Burrill, Jr. (F-RI)
» 1819-1823: William Smith (R-SC)
» 1823-1828: Martin Van Buren (CRRlJ-NY)
» 1828-1829: John Macpherson Berrien (J-GA)
» 1929-1831: John Rowan (J-KY)
»1831-1832: William Marcy (J-NY)
» 1832-1833: William Wilkins (J-PA)
» 1833-1836: John Clayton (AJ-DE)
» 1836-1838: Felix Grundy (J/D-TN)
» 1838-1841: Garret D. Wall (D-NJ)
» 1841-1845: John Macpherson Berrien (W-GA)
» 1845-1847: Chester Ashley (D-AR)
» 1847-1857: Andrew Butler (D-SC)
»1857-1861: James Bayard. Jr. (D-DE)
» 1861-~872: Lyman Trumbull (R-IL)
» 1872-1879: George Edmunds (R-VT)
»1879-1881: Allen G. Thurman (D.OH)
» 1881-1891: George Edmunds (R-VT)
» 1891-1893: George F. Hoar (R-MA)
» 1893-1895: James Pugh (D-AL)
» 1895-1904: George F. Hoar (R-MA)
» 1905
: Orville Platt (R-CT)
» 1905-1912: Clarence D. Clark (R-WY)
» 1912-1919: Charles A. Culberson (D-IX)
» 1919-1923: Knute Nelson (R-MN)
» 1923-1924: Frank B. Brandegee (R-CT)
»1924-1926: Albert B. Cummins (R-IA)
» 1926-1933: George W. Norris (R-NE)
»1933-1941: Henry F. Ashurst (D-AZ)
» 1941-1945: Frederick Van Nuys (D-IN)
» 1945-1947: Pat McCarran (D-NV)
» 1947-1949: Alexander Wiley (R-WI)
» 1949-1953: Pat McCarran (D-NV)
» 1953-1955: William Langer (R-ND)
» 1955-1956: Harley M. Kilgore (D-WV)
» 1956-1978: James O. Eastland (D-MS)
»1979-1981: Edward M. Kennedy (D-MA)
» 1981-1987: Strom Thurmond (R-SC)
» 1987-1995: Joseph R. Biden. Jr. (D-DE)
»1995- : Orrin G. Hatch (R-UT)
»
»
»
»
» -» Lessig
» (9/1/99-7/31100)
» Wissenschaftskolleg zu Berlin
» Wallotstraf1e 19
» 14193 Berlin
Printed for Elena Kagan <ekagan@law.harvard.edu>
01/11/2000
�01/11/00
,.
TUB 11:20 FAX 6174951110
HLS
Jessig@pobox.com, 07:56 AM 0111112000 +0100, Re: <no subject>
Page 3 of3
» Germany
» 011.49.30.89001.351 {VX home)
»011.49.30.89001.235 vx office)
»001.49.30.89001.300 fx)
»419.831.9295 (fax)
» <http://cvber.law.harvard.edu/lessig.html>
» <http://code-is-Iaw.org>
» <mailto:lessig@pobox.com>
»
»
»
>
>
Printed for Elena Kagan <ekagan@law.harvard.edu>
01/1112000
�01/11/00
"rut::
nL"
11:i::U 1''A.A. tU'/41:f:H.l.lU
't::I ....... u
!.
''Ii
I,
PRELIMINARY RESULTS
DATA HAS NOT BEEN
CHECKED
Chairman
N Judges
Delay
BuUer
3
2
Pugh
3
3
Platt
5
4
Cummins
10
7
Nelson
9
9
Hoar
25
14
Culbemon
17
14
Van Nuys
11
15
Wiley
9
Norris
26
18
18
Clark
18
19
Ashurst
42
21
Trumbull
9
25
Langer
17
34
Edmonds
20
34
Eastland
152
40
Ashley
1
42
McCarren
12
59
Thurmon
72
GO
Kilgore
6
69
Kennedy
52
74
Biden
74
101
Hatch
24
191
�01/11/0U ..
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05/19/00
'5'617 496 5156
HARVARD
~001
HLS GRISWOLD 400
LAW
SCHOOL
CAMBRIDCE . MASSACHUSETTS • 02138
ELENA KAGAN
Vrs'fTT'N'O PROFESSOR or LAW
TEtBPHONE: G17.495.9083
FAX: 617.495.1110
E-MAJI.. : l?KAOi\N@jLAW.HARVARI).GDU.
May 18,2000
Han. Orrin G. Hatch
Chamnan, Senate Committee em the Judiciary
SD-224 Dirksen Senate Office Building
Washington, D.C. 20510-6275
Dear Chairman Hatch:
Attach~d please find supplemental responses to my Senate Judiciary Committee
Questionnaire for my nomination to the Court of Appeals for the District of Columbia
Circuit. Thank you for your continuing assistance in this matter.
V cry truly yours,
Elena Kagan
co:
HOD.
Patrick J. Leahy, Ranking Minority Member
�oa/19/00
09:11
'0'617 496 5156
BLS GRISWOLD 400
Elena Kagan
SUPPLEMENTAL RESPONSES TO
SENATE JUDICIARY COMMITTEE QUESTIONNAIRE
1. Biographical Infolmation
Question 12
I introduced tbe two speakers at an event sponsored by the Harvard Law Review rclating
to the Supreme Court's most recent term (1212/99, Cambridge, MA). I made no
substantive remarks, and I have no notes for these introdnctions.
I gave an after-dinner speech to Harvard Law School's foreign graduate sludents on thc
system of separation of powers, especially as it operates in an period of dividcd
government (4/10/00, Cambridge, MA). I have no notes for this speech.
I gave an after-diIUler speech 10 Harvard Law School's Women's Law Association on
Harvard Professor Abram Chayes, who had passed away earlier that week (4118/00,
Cambridge, MA). I have no notes faT this speech.
II. Financial Data
Question 4
I am attaching an updated financial disclosure report.
�I
Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
AND TYPE
005. questionnaire
SUBJECTmTLE
DATE
Supplemental Responses to Senate Judiciary Committee
Questionnaire (2 pages)
n.d.
RESTRICTION
P2.P5
COLLECTION:
Clinton Presidential Records
Counsel's Office
Eric Angel
ONBox Number: 18280
FOLDER TITLE:
Elena Kagan - D.C. Circuit
2009-\ 006-F
kh554
RESTRICTION CODES
Presidential Records Act· 144 U.S.c. 2204(a»)
Freedom of Information Act - 15 U.S.C. 552(b»)
PI
P2
P3
P4
b(l) National security classified information I(b)(l) of the FOIA)
b(2) Release would disclose internal personnel rules and practices of
National Security Classified Information l(a)(l) of the PRA]
Relating to the appointment to Federal onice [(a)(2) of the PRAI
Release would violate a Federal statute l(a)(3) of the PRA)
Release would disclose trade secrets or confidential commercial or
financial information [(a)(4) of the PRA)
P5 Release would disclose confidential advice between the President
and his advisors, or between such advisors (0)(5) of the PRAI
P6 Release would constitute a clearly unwarranted invasion of
personal privacy l(a)(6) of the PRA)
C. Closed in accordance with restrictions contained in donor's deed
of gift.
PRM. Personal record misfile defined in accordance with 44 U.S.c.
2201(3).
RR. Document will be reviewed upon request.
an agency ((b)(2) or 'he FOIAI
b(J) Release would violate a Federal statute I(b)(J) of the FOIA)
b(4) Release would disclose trade secrets or confidential or financial
information l(b)(4) of the FOlA]
b(6) Release would constitute a clearly unwarranted invasion of
personal privacy J(b)(6) of the "'OIAI
b(7) Release would disclose information compiled for law enforcement
purposes l(b)(7) of the FOlAI
b(8) Release would disclose information concerning the regulation of
financial institutions l(b)(8) of the FOlAl
b(9) Release would disclose geological or geophysical information
concerning wells I(b)(9) of the FOIAI
�Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
AND TYPE
006. fonn
SUBJECfrrlTLE
DATE
Financial Disclosure Report for Calendar Vear 1998 (4 pages)
02/05/2000
RESTRICTION
P61b(6)
COLLECTION:
Clinton Presidential Records
Counsel's Office
Eric Angel
OAIBox Number:
18280
FOLDER TITLE:
Elena Kagan - D.C. Circuit
2009-1006-F
kh554
RESTRICTION CODES
Presidential Records Act - 144 V.S.c. 2204(a)1
Freedom of Information Act - 15 U.S.c. 552(b)J
PI
P2
P3
P4
b(l) National security classified information I(b)( I) of the FOIAI
b(2) Release would disclose internal personnel rules and practices of
National Security Classified Information l(a)(l) orlhe PRA)
Relating to the appointment to Federal office (a)(2) of the PRA)
Release would violate a Federal statute l(a)(3) of the PRA]
Release would disclose trade secrets or confidential commercial or
financial information l(a)(4) orlbe PRAJ
P5 Release would disclose confidential advice between the President
and his advisors. or between such advisors (0)(5) orlhe PRA]
P6 Release would constitute a clearly unwarranted invasion of
personal privacy l(a)(6) of the PRAI
C. Closed in accordance with restrictions contained in donor's deed
of gift.
PRM. Personal record misfile defined in accordance with 44 U.S.C.
2201(3).
RR. Document will be re\'iewed upon request,
an agency [(b)(2) of the FOIAI
b(J) Release would violate a Federal statute I(b)(J) of the FOIAI
b(4) Release would disclose trade secrets or confidential or financial
information J(b)(4) of the FOIAI
b(6) Release would constitute a clearly unwarranted invasion of
personal privacy f(b)(6) of the FOIAI
b(7) Release would disclose information compiled for law enforcement
purposes /(b)(7) of the FOIAI
b(8) Release would disclose information concerning the regulation of
financial institutions I(b)(8) of the FOIAI
b(9) Release would disclose geological or geophysical information
concerning wells l(b)(9) of the FOIAI
�<,
05/1t/00
.~
~
HLS GRISWOLD 400
'a'617 496 5156
10:25
~
Harvard Law School
1525 Massachusetts Avenue
Griswold 4 North
Cambridge. Massachusetts 02138
FAX # (617) 496-5156
TO:
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Orgnnization:
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Location: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
FAX Number: _2...0=.;:;::'...::z.=-~y_f~C;=__.L./._:tP:::::.......V.:.....;.?~_ _
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FROM: _ _
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_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___
Telephone: _ _.:."7"';..'1~S-_-~l-=O=-=r---=)~
Total # of Pages including cover sheel:
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Date senl' _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
...141° 01
�0~/1~/00
10:25
'0'617 496 5156
~002
HLS GRISWOLD 400
"
TELEPHONE: 617.495.9083
ELENA KAGAN
FAX: 617.495.1110
VISITING t'ROFESSOR OF LA W
E-MArL: eKACiAf\S@LAW,HARVARD.EOU
May 12,2000
Hon. Orrin G. Hatch
Chairman, Senate Committee on the Judiciary
SD-224 DiTksen Senate Office Building
Washington, D.C. 20510-6275
Dear Chairman Hatch:
Attached please find supplemental responses to my Senate Judiciary Committee
Questionnaire for my nomination to the Court of Appeals for the Di~trict of Columhia
Circuit. Thank YOll for your continuing assistance in this matter.
Very truly yours,
Elena Kagan
cC:
Hon. Patrick Leahy, Ranking Minority Mcmber
�05/1~/00
10:25
tr617 496 5156
HLS GRISWOLD 400
Elena Kagan
SUPPLEMENTAL RESPONSES TO
SENATE JUDICIARY COMMl1TEE QUESTIONNAIRE
I. Biogrdphical Information
Question 12
I introduced the two speakers al an event sponsored by the Harvard Law Review relating
to the Supreme Court's most recent term (12/2/99, Cambridge, MA). 1 made no
substantive remarks, and I have no notes for these introductions.
I gave an after-dinner speech to Harvard Law School's foreign graduate students on the
system of separation of powcrs, espccially as it opcrates in an era of divided government
(4/10/00, Cambridge, MA). I have no notes fortbis speech.
J gave an after-dinner speech to Harvard Law School's Women's Law Association on
Harvard Professor AbrdITI Chayes, who had passed away earlier that week (4/18/00,
Cambridge, MA). I have no notes for this speech,
II. Financial Data
Question 4
I am attaching an updated financial disclosure report.
I4J 003
�Withdrawal/Redaction Marker
Clinton Library
DOClJ~ENT
NO.
SUB.JECrrrJTLE
DATE
RESTRICTION
AND TYPE
007a.
questionnaire
Supplemenlal Responses to Senate Judiciary Committee
Questionnaire (2 pages)
n.d.
P2, P5
COLLECTION:
Clinton Presidential Records
Counsel's Office
Eric Angel
ONBox Number: 18280
FOLDER TITLE:
Elena Kagan - D.C. Circuit
2009-1006-F
kh554
RESTRICTION CODES
Presidential Records Act - 144 U.S.c. 2204(a)[
Freedom of Information Act - [5 U.S.c. 5S2(b))
National Security Classified Information [(8)(1) orlhe PRA]
Relating to the appointment to Federal office l(a)(2) of the PRAI
Release would violate a Federal statute 1(0)(3) of the PRA)
Release would disclose trade secrets or confidential commercial or
financial information /(a)(4) of the PRA]
P5 Release would disclose confidenlial advice between the President
and his advisors, or between such ad ..,isors (8)(5) of the PRA)
P6 Release would constitute a clearly unwarranted invasion of
personal prh:acy l(a)(6) of the PRAI
btl) National security classified information I(b)(l) of the "'OIAI
PI
P2
P3
P4
C. Closed in accordance with restrictions contained in donor's deed
of gift.
PRM. Personal record misfile defined in accordance with 44 U.s.c.
2201(3).
RR. Document will be reviewed upon request.
b(2) Release would disclose internal personnel rules and practices of
an agency J(b)(2) of the FOIAI
b(J) Release would "iolate a Federal statute l(b)(J) of the FOIAI
b(4) Release would disclose trade secrets or confidential or financial
information I(b)(4) of the FOIAI
b(6) Release would constitute a clearly unwarranted invasion of
personal privacy J(b)(6) of the FOIAI
b(7) Release would disclose information compiled for law enforcement
purposes l(b)(7) of the .-DIAl
b(8) Release would disclose information concerning the regulation of
financial institutions I(b)(8) of the FOIAI
b(9) Release would disclose geological or geophysical information
concerning wells /(b)(9) of the FOIAI
�Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
AND T\'I)E
007b. fonn
DATE
SUBJEcrrrlTLE
Financial Disclosure Report for Calendar Year 1998 (4 pages)
02/05/2000
RESTRICflON
P6/b(6)
COLLECTION:
Clinton Presidential Records
Counsel's Office
Eric Angel
OAiBox Number: 18280
FOLDER TITLE:
Elena Kagan - D.C. Circuit
2009- 1006-F
kh554
RESTRICTION CODES
Presidential Records Act - ,44 U.S.c. 2204(0)[
Freedom of Information Act - 15 U.S.c. 552(b)l
National Security Classified Information [(a)(l) oflhe PRAI
Relating to the appointment to Federal office [(a)(2) arlhe PRA)
Release would ,,'iolate a Federal statute [(a)(3) of the PRA)
Release would disclose trade secrets or confidential commercial or
financial information ((a)(4) arlhe PRA[
PS Release would disclose confidential advice between the President
and his ad\'isors, or between such advisors la)(5) oflhe PRAI
P6 Release would constitute a clearly unwarranted invasion of
personal privacy l(a)(6) of the PRAI
bel) National security elassified information ((b)b) of the FOIAI
b(2) Release would disclose internal personnel rules and practices of
an agency ((b)(2) of.he FOIAI
b(J) Release would violate a Federal statute I(b)(J) of the FOIAI
b(4) Release would disclose trade secrets or confidential or financial
information J(b)(4) of the FOJAI
b(6) Release would constitute a clearly unwarranted invasion of
personal privacy I(b)(6) of the FOIA)
b(7) Release would disclose information compiled for law enforcement
purposes l(b)(7) of the FOIA)
b(8) Release would disclose information concerning the regulation of
financial institutions [(b)(8) oflhe FOIAj
b(9) Release would disclose geological or geophysical information
concerning wells l(b)(9) of the FOIAI
PI
P2
P3
P4
C. Closed in accordance with restrictions contained in donor's deed
of gift.
PRM. Personal record misfile defined in accordance with 44 U.S.C.
2201(3).
RR. Document will be reviewed upon request.
�Withdrawal/Redaction Marker
Clinton Library
DOCllMENT NO.
DATE
SlIBJECTnHLE
RESTRICTION
AND TYPE
008. letter
Beth Nolan to Orrin Hatch re: Elena Kagan (3 pages)
04/24/2000
P2, P5
COLLECTION:
Clinton Presidential Records
Counsel's Office
Eric Angel
OAf Box Number: 18280
FOLDER TITLE:
Elena Kagan - D.C. Circuit
2009-1006-F
kh554
RESTRICTION CODES
Presidential Records Act - 144 U.S.c. 2204(a)l
Freedom of Information Act - 15 U.S.c. 552(b»)
PI
P2
P3
P4
b(l) National security classified information «b)(l) oftbe FOIAI
b(2) Release would disclose internal personnel rules and practices of
an agency l(b)(2) orthe FOIA)
b(3) Release would violate a Federal statute J(b)(3) of tbe FOIAI
b(4) Release would disclose trade secrets or confidential or financial
information [(b)(04) of the FOIAI
b(6) Release would constitute a clearly unwarranted invasion of
personal privacy f(b)(6) oftbe f.'OIAI
b(7) Release would disclose information compiled for law enforcement
purposes l(b)(7) of the FOIAI
b(8) Release would disclose information concerning the regulation of
financial institutions l(b)(8) oftbe FOIAI
b(9) Release would disclose geological or geophysical information
concerning wells l(b)(9) of tbe FOIAI
National Security Classified Information l(a)(I) of the PRA)
Relating to the appointment to Federal office (a)(2) of the PRA]
Release would "iolate 8 Federal statute 1(8)(3) of the PRAI
Release would disclose trade secrets or confidential commercial or
financial information l(a)(4) of the PRA)
PS Release would disclose confidential advice bem'cen the President
and his advisors, or between such advisors (8)(5) of the PRAI
P6 Release would constitute a clearly unwarranted invasion of
personal privacy l(u)(6) oftbe PRAj
C. Closed in accordance witb restrictions contained in donor's deed
of gift.
PRM. Personal record misfile defined in accordance with 44 U.S.C.
2201(3).
RR. Document will be re\'iewed upon request.
�Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
AND TYPE
009. letter
SUBJEcrrnTLE
DATE
Beth Nolan to Orrin Hatch re: Elena Kagan (3 pages)
04/25/2000
RESTRICTION
P2, P5
COLLECTION:
Clinton Presidential Records
Counsel's Office
Eric Angel
OAiBox Number: J 8280
FOLDER TITLE:
Elena Kagan - D.C. Circuit
2009- J006-F
kh554
RESTRICTION CODES
Presidential Records Act· 144 U.S.c. 2204(8)1
Freedom of Information Act -15 U.S.c. 5S2(b)J
National Security Classified Information ((a)(l) of , he PRAI
Relating to the appointment to Federal office 1(8)(2) of the PRAI
Release would violate a Federal statute l(a)(3) of the PRAI
Release would disclose trade secrets or confidential commercial or
financial information l(a)(4) of the PRAI
P5 Release would disclose confidential advice bern'cen the President
and his advisors. or between such ad\'isors la)(5) of the PRAI
P6 Release would constitute a clearly unwarranted invasion of
personal privacy 1(0)(6) of the PRA)
b(l) National security classified information «b)(I) of the FOIA)
b(2) Release would disclose internal personnel rules and practices of
an agency !(b)(2) of the FOIAI
b(J) Release would violate a Federal statute (b)(3) of the FOIA)
b(4) Release would disclose trade secrets or confidential or financial
information (b)(4) of the FOIA)
b(6) Release would constitute a clearly unwarranted invasion of
personal privacy (b)(6) of the FOIA)
b(7) Release would disclose information compiled for law enforcement
purposes I(b)(7) of the FOIA)
b(8) Release would disclose information concerning the regulation of
financial institutions )(b)(8) of the FOIA)
b(9) Release would disclose geological or geophysical information
concerning wells )(b)(9) of the FOIA)
PI
P2
P3
P4
C. Closed in accordance with restrictions contained in donor's deed
of gift.
PRM. Personal record misfile defined in accordance with 44 V.S.c.
2201(3).
RR. Document will be reviewed upon request.
�THE WHITE HOUSE
WASHINGTON·
April 7, 2000
Honorable Don Young
Chairman
Committee on Resources
U.S. House of Representatives
1324 Longworth House Office Building
Washington,D.C.20515
Dear Chainnan Young:
This responds to your letter to White House Chief of Staff John Podesta dated March 22,
2000, regarding the Committee's Warner Creek inquiry. Your letter requests the production of
any e-mails not previously produced to the Committee, as well as documents with respect to
which the White House previously has sought an accommodation from the Committee.
As you know, we recently learned that two computer programming errors affected the
electronic archiving of incoming e-mail to certain user accounts within the Executive Office of
the President. In addition, while investigating these programming errors, we also learned that email on the computer server of the Office of the Vice President has not been fully managed by
the White House archiving system. We are tsking steps to address these matters, including
retaining the services of private contractors who will restore backup tapes containing un-archived
e-mail records to a keyword-searchable format. When the affected e-mail is searchable, we will
. review and produce to the Committee any additional documents that may be responSive to the
Warner Creek subpoena.
During the course of this investigation, the White House has requested an
accommodation with respect to just four documents: (I) multiple copies of a memorandum to
the President and Vice President of the United States; (2) talking points for the President of the
United States; (3) undated notes of a telephone conversation between Elena Kagan and Dinah
Bear regarding the timber-Oregon situation; and (4) notes of Elena Kagan dated July 12, 1996,
regarding Warner Creek. When we provided the Committee with a log of these documents, we
invited discussion of the matter, and reiterated our desire to reach an accommodation shortly
thereafter. See 6/18/99 and 8/17/99 Letters from Senior Associate White House Counsel Steven
�", .
.r
..:'
;,.
Honorable Don Young
. April 7, 2000
Page 2
F. Reich to Majority Counsel Doug Fuller. Regrettably, our efforts to reach an accommodation
have been met with the Committee's refusal even to discuss the subject.
From the beginning of this investigation, we have sought to work cooperatively with the
Committee. Indeed, it is the policy of the White House "to comply with Congressional requests
for information to the fullest extent consistent with the constitutional and statutory obligations of
the Executive Branch." Memorandum from President Reagan for the Heads of Executive
Departments and Agencies Regarding Procedures Governing Responses to Congressional
Requests for Information at 1 (Nov. 4, 1982). See also United States v. American Tel. & Tel.
Co., 567 F.2d 121, 127 (D.C. Cir. 1977) ("each branch should take cognizance of an implicit
constitutional mandate to seek optimal accommodation through a realistic evaluation of the
needs of the conflicting branches in the particular fact situation. This aspect of our constitutional
scheme avoids the mischief of polarization of disputes''). As President Reagan observed, when
there is a dispute arising out of a congressional request for information, "good faith negotiations
between Congress and the Executive Branch have minimized the need for invoking executive
privilege, and this tradition of accommodation should continue as the primary means of resolving
conflicts between the Branches." Id. Thus, when the Executive Branch seeks to protect an
interest in doc.uments sought by Congress, it does not inunediately invoke executive privilege,
but instead attempts -- as we have done here - to negotiate a good faith resolution of the conflict.
Over the past months, the Committee's refusal even to consider an accommodation of our
interest in these documents has had the unfortunate effect of creating conflict where none need
have existed. Because we remain committed to avoiding an unnecessary constitutional
corifrontation, I reiterate our desire to reach an accommodation in this matter. More specifically,
we remain willing to allow the Committee and/or designated staff to review the documents at a
time and place of the Committee's choosing. I respectfully suggest that a review of the
documents by the Committee would avoid escalation of this conflict, and would serve the
interests of both the Executive and Legislative Branches by finally bringing this dispute to a
close.
Sincerely,
B~thNolan
Counsel to the President
cc:
Honorable George Miller
Ranking Minority Member
�r~
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Masblngrim, DC: 20515
April13, 2000
Mr. John Podesta
Chief of Staff
The White House
Washington, D.C. 20500
Dear Mr. Podesta:
It has now been nearly a month since I wrote to you raising serious concerns about the
White House response to a subpoena for documents in the WamI!IC Cleek matter. I gave you until
April 7, 2000, to respond. I have recllived a respOnsll not from you, bu~ from White House
counsel Beth Nolan. Since you were the recipient ofboth thll subpoena and of my March 22
letter, I was disappointed not to receive a response from you personally. I hope you understand
the seriousness of this matter, and its potential consequences.
I write today to correct some of the misstatexnents of fact and law in Ms. Nolan's letter,
which I can only attrib\lie to her being nlisinfonned; and to offer a potential solution. First, Mr.
Reich's letter withholding the documents merely said they were b~g withheld, period, and if we
havc any questions to call him. full! JUne I g, 1999, letter from White House Counsel Steven
Reich to Committee Counsel Doug Fuller: :That is not,' as Ms. Nolan characterized it, an effort
to reach an accommodation.
Second, the law does not requiJ:e an accornmodation in every instance. Ms. Nolan imp lies
. that, since courts have in the past imposed accommodations in some instances, it is incumbent on
this Committee either to· come to the White House hilt in hand, requesting an accommodation, or
to simply drop the matter altogether. The law prefers accoIlllIlodations - but only in cases where
there is validity to the need for witbholding the documents, and only when those concerns have
been adequately articulated to·
Coxnmittec seeking the documents. Unfortunately, neither is
the case here.
.
the
In this matter, the Committee requires the documents to conduct its legislative duties
under Articles I and IV of the United States Constitution. As a direct result of the way the White
House h;mdled the Warncr Creek matter, legislation has been proposed to require the Forest
Service to restructure the line of authority for law enforcement, which had previously been
changed by Congress in the FY1994 Appropriations Act. If Congress is not allowed to review
the results of past legislation, and to consider the appropriateness of future legislatio~ then
�".
•
j.
Mr. John Podesta
April 13, 2000
Page 2
Articles I and IV have nO meaning; To corurider properly whether such legislation is necessary,
the Committee needs to review the way the White House handled the law enforcement matter
that gave rise to the proposed legislation. Further, the White House has not shown any valid
legal or Constitutional justification for the documents' being withheld. There simply is no valid
privilege under which the Kagen notes can be withheld, particularly since they involve
infonnation concerning allegations of criTllinal conduct. Sueh infonnation simply must be
disclosed, both to the Committee and to the appropriate law enforcement agencies. To my
knowledge, no such disclosure has occuned.
However, in the interests of comity and progress on this .mnccessarily drawn-out matter.
the Committee is willing to accept the following limited accommodations, and only the following
accommodations. After months of Deedless delay and stonewalling by the Administration. I have
neither the time nor the inclination to engage in m negotiation on these points.
(1)
The Committee is willing to provide limited latitude for production of the
outstanding e-mail traffic, but requires a specific and reasonable timetable for
search for and production of relevant e-mails in the batch of recently "discovered"
e-mails in the White House and the Office of the Vice President. A mere
statement that the e-mails will be searched and produced at some future time is
not sufficient. Please remember that the final prodUction from you must include a
written certification that all e-mails have been searched, ami all relevant
documents produced.
(2)
The Committee will accept the offer of the White House to allow Committee staff
to review the withheld documents
the following conditions: (a) staff
conducting the review arc to be selec;ted by me; (b) all currently withheld
documents arc provided for review, without restriction; (c) notes are allowed to be
taken; (d) that the review is schedule4 and accomplished no later than April 21,
2000; and Cc) that you and the White Hause understand and agree that this
accommodation in no way removes or rescinds the subpOeIlil for theii- production.
In the event that I decide, based on this review, that production is unnecessary for
the purposes of this inquiry. this accommodation may help resolve the matterothe:xwise, I may decide to' c;ontinue the demand for the documents, and may take
action to compel their production.
en
The Committee remains quite serious about obtaining these records, and resCIVes the
right to take steps to enforce the subpoena if such action proves to be necessary. This matter
involves allegations of interference with law enforcement, and of a possible cover-up at the
highest levcls of government. It also involves infotmation necessary for this Committee to fulfill
its legislative duties. Our interests should be the same here - to get all the facts on the table as
�·.
,
Mr. 10hn Podesta
April 13. 2000
Page 3
quickly as possible, so that the appropriate remedial actions can be taken in both branches of
government.
If you accept the accommodation outlined above, please provide written notification to
the attention of Committee Counsel Doug Fuller, Committee on Resources, 1324 Longworth
HOllile Office Building, Washington, D.C. 20515. If the C"mmjttep does not rs:ceive a written
acceptance of this offer from you befoIC 4:QO p.rn. MondAy. April 17. 2QOO. I will conclude that
the White House does not wish to reach an accommodation, and I will take appropriate action. If
you have any questions, please contact Mr. Fuller at (202) 226-3924.
Sincerely,
fl~f/,
Chainnan
cc:
Bcth Nolan
Whitc House Counsel
�/
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i,' ..
... '
_
,',
THE WHITE HOUSE
WASHINGTON
April 25, 2000
Honorable Oirin G. Hatch
Chairman
Committee on the Judiciary
United States Senate
226 Dirksen Senate Office Building
Washington, D.C2051O
Dear Mr. Chairman:
I am writing about the nomination of Elena Kagan to serve on the United States Court of
Appeals for the District of Columbia Circuit. As you know, the President nominated Professor
Kagan in June of last year to fill one of the two current vacancies on the D.C. Circuit.
Specifically, I would like to respond to the letter and report submitted to you on August 5, 1999,
by Chairman Don Young of the House Committee on Resources . .The Administration believes
strongly that the matters raised by Chairman Young should not delay Professor Kagan's
confirmation.
..
Chairman Young's letter followed an investigation by a Majority-Member-only Task
Force of the House Resources Committee into the Administration's response to an occupation
and protest by environmentalists at Warner Creek, located in the Willamette National Forest in
Oregon. Although the Task Force apparently never asked to meet with or question Professor
Kagan, two major criticisms of her nevertheless are expressed in Chairman Young's letter:
(1) that while she served in the White House Counsel's Office, she learned of a rumor that law
enforcement information had been leaked to the protesters by a White House official, but failed
to take appropriate action in response to the allegations; and (2) that during the Task Force's
investigation, she did not act to force the White House to produce documents that were the
subject of potential White House privilege claims made in response to a Task Force subpoena.
Although I was not Counsel to the President at the time, my staff and I have reviewed
these claims, and I am confident that both of these criticisms are completely unfounded. First,
Chairman Young's own report acknowledges that Professor Kagan's immediate superior was
aware of the allegations and took steps to determine whether they were true, and that a high-
�Honorable Orrin G. Hatch
April 25, 2000
Page 2
ranking official of the Department of Justice knew about the charges and actually talked to the
White House employee who was the subject of them. Second, before asserting claims of
potential privilege, the White House did not seek the legal opinion of Professor Kagan - by then
a former Counsel's Office employee - on the merits of that assertion. I discuss each of these
matters more fully below.
The Task Force's contention that Professor Kagan failed to take appropriate action after
learning of the alleged leak is refuted by its own report. The report does not claim that Professor
Kagan possessed evidence of wrongdoing on the part of the White House employee in question.
Professor Kagan knew only, from a conversation with the employee, that an allegation of
wrongdoing had been made, and that the employee strongly denied it. Moreover, Professor
Kagan was aware that pther government officials knew of and were looking into the allegation.
The report itself makes clear that Professor Kagan's immediate superior in the White House
Counsel's Office, Deputy White House Counsel Kathleen Wallman, was told of the rumored
leak and looked into the matter. Ms. Wallman so testified before the Task Force: "There came a
time sometime during the summer [of 1996] when somebody - I will try to remember who - I
don't remember who brought me this information, but somebody said to me that there was a
rumor that someone [at the White House] ... might be passing information in one direction or
another." Asked whether she followed'up on the rumor, Ms. Wallman testified that "I thought it
was the responsible thing to do to check it out[,)" and that she asked the immediate superior of
the affected White House employee to look into it. Eventually, Ms. Wallman was advised that
the rumor was "ridiculous" and "not true[,)" and she concluded that there was no ,basis for
pursuing the matter further. Moreover, the report acknowledges that Peter Coppelman, a Deputy
Assistant Attorney General at the Department of Justice, knew about the purported leak and
actually spoke to the person who allegedly was its source. Given these facts, the Task Force's
contention that Ms. Kagan should have taken additional action is meritless.
The claim that Professor Kagan was remiss in allowing the White House to assert
potential privileges in response to a Task Force subpoena is equally baseless. The documents at
issue are four pages of handwritten notes taken by Professor Kagan while she was an Associate
White House Counsel, and two documents prepared for the President that are unrelated to
Professor Kagan. At the time the privilege issue was raised, Professor Kagan was no longer a
member of the Counsel's Office staff (although she continued to work at the White House in a
different capacity). As you know, initial decisions about whether to assert potential privileges
are made by the White House Counsel's Office and not by former employees of the Counsel's
Office such as Professor Kagan. In this case, I am informed that although the Counsel's Office
necessarily consulted Professor Kagan about the nature and content of these documents before
responding to the Task Force's subpoena, the Counsel's Office did not solicit her legal opinion
on whether to assert potential privileges. Moreover, because the Counsel's Office made its
decision based on the law and the important constitutional and legal principles involved,
Professor Kagan's individual views on the legal merits of its position would not have changed
that decision. Although the Task Force may disagree with the decision we made, it would be
unfair to saddle Professor Kagan with responsibility for a decision wholly out of her control.
�~~
.'
.,".
.;
Honorable Orrin G. Hatch
April 25, 2000
Page 3
Although we continue to believe that Professor Kagan's notes raise potential privilege
. issues, we have previously made clear to the Task Force that we would like to reach an
accommodation that would allow the Task Force to review them. By letter dated Aprill7, 2000,
I reiterated our desire to reach an accommodation in this matter, and offered to allow the
Committee on Resources and/or designated staff to review the relevant documents at the time
and place of the Committee's choosing. On.April24, 2000, we engaged in an accommodation
with respect to these documents in which Committee staff reviewed the documents in question, ,
with the understanding that the review was without prejudice to the Committee's ability to insist
on full compliance with its subpoena. As part of the Judiciary Committee's analysis of Professor
Kagan's record, we would also like to make her notes available for review by you or a staff
member designated by you. I feel confident that if you review these notes you will conclude that
they cast absolutely no doubt on Professor Kagan's conduct in this matter or her fitness to serve
on the D.C. Circuit.
I am aware that the Members of the Warner Creek Task Force disagree with the
Administration's handling of the Warner Creek matter. I ask that you not allow Professor Kagan
to become a casualty of those differences. If you wish to review ProfessorKagan's notes, or
have any additional questions about Professor Kagan's background or record, I hope you will
feel free to have your staff contact me or Senior Counsel for Nominations Sarah Wilson.
I look forward to continuing to work with you this year on the important task of filling
judicial vacancies.
Sincerely,
~~
Beth Nolan
Counsel to the President
cc:
.'
Honorable Patrick 1. Leahy
Ranking Minority Member
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Elena Kagan
Description
An account of the resource
<div>
<p>Elena Kagan worked as Associate White House Counsel from 1995-1996 and Deputy Assistant to the President for Domestic Policy and Deputy Director of the Domestic Policy Council (DPC) from 1997-1999.</p>
<p>During her work at the White House Justice Kagan worked on many topics including, but not limited to: AIDS, budget appropriations, campaign finance reform, education, health, labor, race, tobacco, Native Americans, and welfare.</p>
<p>In 1999 President Clinton nominated Kagan to the U.S. District Court of Appeals, no hearing was ever scheduled and she was thereby never confirmed.</p>
<p>Note: These records were made available in response to a <a href="http://clinton.presidentiallibraries.us/freedom-of-information-act-requests">Freedom of Information Act (FOIA)</a> request, FOIA 2009-1006-F. This collection contains both records created by Elena Kagan and records concerning Elena Kagan. </p>
<p><strong>Descriptions of the Sub Collections:</strong></p>
<ul><li><strong><a href="http://clinton.presidentiallibraries.us/items/browse?search=&advanced%5B0%5D%5Belement_id%5D=70&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Elena+Kagan%27s+White+House+Counsel+Files&range=&collection=&type=&user=&tags=&public=&featured=&exhibit=&submit_search=Search+for+items">White House Counsel Files</a></strong><br /> These records consist of files created and received by Elena Kagan when she served as Associate Counsel to President Clinton from 1995 to 1996. The files include but are not limited to records concerning Amtrak, campaign finance reform, gaming/gambling (especially as it relates to Native Americans), timber, regulatory reform, and welfare. The records include memoranda, notes, correspondence, articles, reports, executive orders, bills, and directives.</li>
<li><strong><a href="http://clinton.presidentiallibraries.us/items/browse?search=&advanced%5B0%5D%5Belement_id%5D=70&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Elena+Kagan%27s+Domestic+Policy+Council+Files&range=&collection=&type=&user=&tags=&public=&featured=&exhibit=&submit_search=Search+for+items">Domestic Policy Council Files</a></strong><br />These records contain files created and received by Elena Kagan when she served as Deputy Assistant to the President for Domestic Policy and Deputy Director of the Domestic Policy Council (DPC) from 1997-1999. The files include records concerning domestic policy topics such as AIDS, budget appropriations, campaign finance reform, education, health, labor, race, tobacco, and welfare. The records include memoranda, correspondence, articles, and reports.</li>
<li><strong><a href="http://clinton.presidentiallibraries.us/items/browse?search=&advanced%5B0%5D%5Belement_id%5D=70&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=White+House+Staff+%26+Office+Files+re+Elena+Kagan&range=&collection=&type=&user=&tags=&public=&featured=&exhibit=&submit_search=Search+for+items">White House Staff Files re Elena Kagan</a></strong><br />These records are compiled from a variety of staff office files including the Chief of Staff, Personnel, Office of First Lady, Counsel, and DPC and include correspondence, memorandum, forms, and reports all concerning or having to do with Elena Kagan.</li>
<li><strong><a href="http://clinton.presidentiallibraries.us/items/browse?search=&advanced%5B0%5D%5Belement_id%5D=70&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=White+House+Office+of+Records+Management+Files+re+Elena+Kagan&range=&collection=&type=&user=&tags=&public=&featured=&exhibit=&submit_search=Search+for+items">White House Office of Records Management Files (WHORM)</a></strong><br />These records are from the White House Office of Records Management (WHORM) subject file series. The Clinton Presidential Library inherited a document-level index maintained by WHORM during the Clinton Administration which tracked some incoming correspondence and other documents as they were circulated throughout the White House and filed by WHORM. The records contain files created and received by Elena Kagan that were tracked by the WHORM Subject File index. The files include records related to a variety of topics such as memoranda, correspondence, and Domestic Policy Council weekly reports. The records are tracked by an alpha/numeric code, and are listed as such.</li>
<li><strong><a href="http://clinton.presidentiallibraries.us/items/browse?search=&advanced%5B0%5D%5Belement_id%5D=70&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Elena+Kagan%27s+1999+Nomination+to+U.S.+Court+of+Appeals&range=&collection=&type=&user=&tags=&public=&featured=&exhibit=&submit_search=Search+for+items">Elena Kagan's 1999 Nomination to U.S. Court of Appeals</a></strong><br />After serving as the Deputy Director of the Domestic Policy Council, Elena Kagan was nominated to serve on the U.S. Appeals Court for the District of Columbia (D.C. Circuit) in1999. Her nomination expired in 2000 without Senate action. The files in this opening contain records from the White House Staff and Office Files, Counsel’s Office and Presidential Personnel, concerning her nomination. The records consist of Senate Judiciary Committee questionnaires, correspondence, law review files, news articles, briefs, and press briefings.</li>
<li><strong><a href="http://clinton.presidentiallibraries.us/items/browse?search=&advanced%5B0%5D%5Belement_id%5D=70&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Email+Received+by+Elena+Kagan&range=&collection=&type=&user=&tags=&public=&featured=&exhibit=&submit_search=Search+for+items">Email Received by Elena Kagan</a></strong><br />These records consist of email received by Elena Kagan during her time as Associate White House Counsel from 1995-1996 and Deputy Assistant to the President for Domestic Policy and Deputy Director of the Domestic Policy Council (DPC) from 1997-1999. In addition to the email proper, these messages include forwards, reply chains, and attachments. The attached documents include notes, memorandum, articles, reports, executive orders, bills, and directives. These email concern a myriad of topics including but not limited to Amtrak, campaign finance reform, gaming/gambling (especially as it relates to Native Americans), timber, regulatory reform, welfare and domestic policy topics such as AIDS, budget appropriations, education, health, labor, race, and tobacco.</li>
<li><strong><a href="http://clinton.presidentiallibraries.us/items/browse?search=&advanced%5B0%5D%5Belement_id%5D=70&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Email+Sent+by+Elena+Kagan&range=&collection=&type=&user=&tags=&public=&featured=&exhibit=&submit_search=Search+for+items">Email Sent by Elena Kagan</a></strong><br />These records consist of email sent by Elena Kagan during her time as Associate White House Counsel from 1995-1996 and Deputy Assistant to the President for Domestic Policy and Deputy Director of the Domestic Policy Council (DPC) from 1997-1999. In addition to the email proper, these messages include forwards, reply chains, and attachments. The attached documents include notes, memorandum, articles, reports, executive orders, bills, and directives. These email concern a myriad of topics including but not limited to Amtrak, campaign finance reform, gaming/gambling (especially as it relates to Native Americans), timber, regulatory reform, welfare and domestic policy topics such as AIDS, budget appropriations, education, health, labor, race, and tobacco.</li>
<li><strong><a href="http://clinton.presidentiallibraries.us/items/browse?search=&advanced%5B0%5D%5Belement_id%5D=70&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Elena+Kagan%27s+Records+re+Native+Americans&range=&collection=&type=&user=&tags=&public=&featured=&exhibit=&submit_search=Search+for+items">Elena Kagan's Records re Native Americans</a></strong><br />These records were created or received by Elena Kagan during her service as Deputy Assistant to the President for Domestic Policy and Deputy Director of the Domestic Policy Council (1997-99). These ten folders were previously opened as part of a Freedom of Information Act request related to Native Americans (FOIA case <a href="http://www.clintonlibrary.gov/Documents/Finding-Aids/2006/2006-0197-F%28seg%203%29.pdf" target="_blank">2006-0197-F</a>).These records consist of memoranda, emails, reports, notes, and clippings.</li>
<li><strong><a href="http://clinton.presidentiallibraries.us/items/browse?search=&advanced%5B0%5D%5Belement_id%5D=70&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Additional+Materials+re+Elena+Kagan&range=&collection=&type=&user=&tags=&public=&featured=&exhibit=&submit_search=Search+for+items">Additional Materials re Elena Kagan</a></strong><br />These records were taken from the files of Elena Kagan. They include memos to, from, and relating to Elena Kagan’s work on Domestic Policy issues. The records include some memos from Elena Kagan to President Clinton.</li>
<li><strong><a href="http://clinton.presidentiallibraries.us/items/browse?search=&advanced%5B0%5D%5Belement_id%5D=70&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Federal+Email+re+Elena+Kagan&range=&collection=&type=&user=&tags=&public=&featured=&exhibit=&submit_search=Search+for+items">Federal Email re Elena Kagan</a></strong><br />The federal email re: Elena Kagan consists of 114 email messages that were part of the Federal side of the Clinton White House. The email generally consists of summaries of meetings or telephone conversations in which Elena Kagan was a participant.</li>
</ul></div>
Identifier
An unambiguous reference to the resource within a given context
2009-1006-F
Provenance
A statement of any changes in ownership and custody of the resource since its creation that are significant for its authenticity, integrity, and interpretation. The statement may include a description of any changes successive custodians made to the resource.
Clinton Presidential Records: White House Staff and Office Files
Clinton Presidential Records: Automated Records Management System
Clinton Presidential Records: White House Staff and Office Files
Publisher
An entity responsible for making the resource available
Clinton Presidential Library & Museum
Format
The file format, physical medium, or dimensions of the resource
Adobe Acrobat Document
Creator
An entity primarily responsible for making the resource
Office of the Counsel to the President
Domestic Policy Council
First Lady's Office
White House Office of Records Management
Chief of Staff
White House Office for Women's Initiative and Outreach
Automated Records Management System
Tape Restoration Project
Security Office
Presidential Personnel
Date
A point or period of time associated with an event in the lifecycle of the resource
1995-1999
Extent
The size or duration of the resource.
2945 folders
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Original Format
The type of object, such as painting, sculpture, paper, photo, and additional data
Paper
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Elena Kagan - D.C. Circuit
Creator
An entity primarily responsible for making the resource
Office of the Counsel to the President
Eric Angel
Identifier
An unambiguous reference to the resource within a given context
2009-1006-F
Is Part Of
A related resource in which the described resource is physically or logically included.
Elena Kagan's 1999 Nomination to U.S. Court of Appeals
<a href="http://catalog.archives.gov/id/7408729" target="_blank">National Archives Catalog Description</a>
Provenance
A statement of any changes in ownership and custody of the resource since its creation that are significant for its authenticity, integrity, and interpretation. The statement may include a description of any changes successive custodians made to the resource.
Clinton Presidential Records: White House Staff and Office Files
Format
The file format, physical medium, or dimensions of the resource
Adobe Acrobat Document
Publisher
An entity responsible for making the resource available
Clinton Presidential Library & Museum
Medium
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Reproduction-Reference
Date Created
Date of creation of the resource.
6/11/2010
Source
A related resource from which the described resource is derived
1_STAFF AND OFFICE DC CIRCUIT
7408729