EDITORIAL: Kagan's Nuremberg defense

Washington Times ^ | 5/18/10 | Washington Times

[GeorgiaDawg32]

The White House is attempting to minimize Solicitor General Elena Kagan's role in banning military recruiters from Harvard Law School while she was dean. The Obama team is using a variation on the Nuremberg defense, that Ms. Kagan was only following the established policies, and that this episode actually shows her at her most pragmatic. But far from simply implementing existing Harvard policies, Ms. Kagan was the prime mover in seeking to have the policies changed to keep recruiters out.

Ms. Kagan explained the motives for her drive to ban recruiters from campus in a Sept. 2005 message to students and faculty. "I believe the military's discriminatory employment policy is deeply wrong," she wrote, "both unwise and unjust." In 2003, she described the Clinton-era policy as "a profound wrong - a moral injustice of the first order."

[GeorgiaDawg32]

I did an exact title search and didn't see this posted. If it's a duplicate, I apologize.

[Diogenesis]

A two-tiered Harvard "justice" system that allows (encourages)
Harvard Professors/lawyers to plagiarize and
commit resume fraud (even with no bc),
while punishing students for the same is
in the words of Kagan, "discriminatory", "deeply wrong",
"unwise" and "unjust", yet it was/is her policy.

[Diogenesis]

BTW, speaking of a two-tiered system which Kagan supports
(Islamic Attackers on top, US military and US citizens way on the bottom):

“Obama Administration Enables Saudi Princes to Escape Accountability for Mat. Support 9/11 Attacks
WASHINGTON, June 3 /PRNewswire-USNewswire/ -- On the day that President
Obama holds his first summit with Saudi Arabian King Abdullah in Riyadh, the 9/11
Families United to Bankrupt Terrorism charged that recent actions by his administration
would enable five of the king's closest relatives to escape accountability for their role in
financing and materially supporting the September 11, 2001, terrorist attacks. In response
to the administration's action, the 9/11 families released allegations made in 2002 of the
Saudi royal family's sponsorship and support of al Qaeda that the families believe have
been ignored by the Obama Administration.
On May 29, the president's top lawyer before the Supreme Court, Solicitor General Elena
Kagan, filed a brief arguing that it would be "unwarranted" for the Supreme Court to
even hear cases brought by the 9/11 families charging that five Saudi princes knowingly
and intentionally provided financial support to al Qaeda waging war on America. By
urging the high court to not review lower court decisions dismissing these cases, the
Obama Administration took the side of
the Saudi princes over thousands of family members and survivors of the 9/11 attacks
seeking justice and accountability in U.S. courts. “

[Grut]

And why not? Nuremberg is the only place where the Nuremberg defense has ever failed.

[Haiku Guy]

This is a strategic error by the White House. They should instruct Kagan to stand by this decision proudly. They could get free points from their suddenly disaffected base, and there ain’t no way Kagan doesn’t get confirmed.

If the going gets tough on this nomination, Obama can always drop the nuke, if-you-know-what-I-mean-and-I-think-you-do.