A federal judge hearing a case alleging Barack Obama conspired with Planned Parenthood and other special interests in the development of his health-care bill says the plaintiffs may be able to seek evidence of a secret advisory panel handpicked by the president. Klayman noted that Freedom Watch has requested discovery to depose Kimberly Harris, a deputy assistant and deputy counsel to the president in the Office of the White House Counsel.
“The parties therefore will be ordered to show cause why the government’s supplemental memorandum should not be treated as a motion for summary judgment, and Freedom Watch will be permitted to justify its request for discovery.” He contends that refusing to release details about the meetings violates the Federal Advisory Committee Act.
“In an attempt to circumvent the court’s order, defendant President Barack Obama’s supplemental memorandum on mootness effectively rebukes and thus ‘thumbs its nose’ at the court’s memorandum of opinion and order of Aug. 12, 2011,” the motion explains.
Klayman explained that the White House did not respond to questions about whether the special advisory committee still is meeting. “The court [ordered] defendants to advise whether meetings and/or communications were still ongoing with nongovernmental persons and entities,” he wrote. “Despite defendants’ own acknowledgment of the court’s unequivocal order, defendants have opted to avoid compliance, seeking to side-step answering candidly and honestly.
“In this sworn declaration, defendants to seek to sidestep perjury allegations they were forced to admit that such meetings and communications were, in fact, taking place in violation of the Federal Advisory Committee Act,”
News sources that the president had specific groups, namely pharmaceutical companies, AARP, Planned Parenthood, US. Chamber of Commerce and other private lobbyists who ‘regularly attended and fully participated in non-public meetings of the OHRDFAC,’” Klayman responded. The advisory committee is likely to continue to meet even if the Supreme Court rules the ‘Obamacare’ legislation unconstitutional, in whole or in part.
“In an earlier landmark lawsuit involving a healthcare advisory committee chaired by Hillary Clinton in the 1990s, the lower court granted summary judgment, accepting the affidavits of the Clinton administration without allowing discovery by the nonmovant. This ruling was overturned on appeal to the U.S. Court of Appeals for the District of Columbia Circuit, and when the discovery did finally go forth … it was learned that the Clinton administration had lied in its affidavits.”
Earlier in the new case, Harris admitted PlannedParenthood and the U.S. Chamber of Commerce, “along with many other individuals and entities, attended meetings at the White House, at times in groups, to express their views on health care reform.” But then she explained “there was and is no such committee [so] there are no committee documents and no past, present or future committee meetings.”
A letter from Marcia Berman, a senior counsel at the U.S. Department of Justice, told Klayman, “Defendants object to the subpoena on the grounds that it seeks information that is protected by various recognized privileges, such as the deliberative process privilege and the presidential communications privilege.”
Contending the president’s conduct falls within the scope of the act that “requires the president to come clean on why he has caved in to the pharmaceutical industry, preventing the importation of prescription drugs that would lower prices for consumers, why he has become the lackey of Planned Parenthood in championing government financed abortions, and why the AMA (American Medical Association) and AARP (American Association of Retired Persons) are now his great friends.”


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