Legal Commentary

Waiting for the Kagan Papers

By Jonathan H. Adler

The Senate Judiciary Committee is waiting for the Clinton Presidential Library to release of over 100,000 of pages from Elena Kagan?s time in the Clinton White House.  According to the AP, the documents will be released ?in waves,? and some could be released to the public at the end of this week. The AP also reports that President Obama has yet to assert executive privilege with regard to any of the documents, nor has former President Clinton sought to withhold any materials.

Although few documents are likely to be withheld, that does not mean there will be all that much of interest. Bush White House veteran Tevi Troy, who like Kagan was deputy director of the Domestic Policy Council, doubts the document dump will create many issues for Kagan.  Efforts to turn DPC memos into political issues, on the other hand, could further discourage future White House aides from writing (or typing) their own views on controversial issues.

Full post as published by The Volokh Conspiracy on June 01, 2010 (boomark / email).