United States Department of Justice, Hearing Before the Committee on the Judiciary, House of Representatives, One Hundred Twelfth Congress, First Session, December 8, 2011 [open pdf - 3MB]
From the opening statement of Lamar Smith: "While I am pleased to welcome back Attorney General Holder, I am disappointed in the Department's repeated refusal to cooperate with this Committee's oversight request. This lack of cooperation is evident in the Department's handling of inquiries related to the Bureau of Alcohol, Tobacco, Firearms and Explosives; Operation Fast and Furious; and the death of Border Patrol agent Brian Terry in December 2010. And inconsistent statements from the Department officials about who knew what and when have only raised more concerns. I am also disappointed in how the Department has responded to my oversight request regarding Justice Kagan's involvement in health care legislation and related litigation while she served as United States Solicitor General. Despite claims from Obama administration officials that then-Solicitor General Kagan was walled off from discussions regarding the President's health care law, recently released e-mails indicate there may be more to the story. To help clear up any confusion, I wrote the Justice Department to get additional documents and conduct staff interviews. It took nearly 4 months before the Department sent a one-page response that denied my request. […] The public has a right to know the extent of Justice Kagan's involvement with the legislation as well as any previously stated legal opinions about the legislation while she served as Solicitor General. If Justice Kagan was part of the Administration's team that put the health care mandate into play, she should not officiate when it comes before the Supreme Court. If the Department has nothing to hide, why not provide Congress with the requested information? The continued refusal to cooperate with legitimate oversight inquiries only heightens concerns that she may, in fact, have a conflict of interest. President Obama has promised an open and transparent government. Unfortunately we often see a closed and secretive Justice Department." Statements, letters, and materials submitted for the record include those of the following: Lamar Smith, John Conyers, Jr., Darrell E. Issa, Robert C. Scott, Eric H. Holder, Jr., Sheila Jackson Lee, and Judith C. Appelbaum.
Serial No. 112-123
Government Printing Office, Federal Digital System: http://www.gpo.gov/fdsys/