Elena Kagan, President Barack Obama’s latest nominee to the Supreme Court, helped protect the Saudi royal family from lawsuits that sought to hold al Qaeda financiers responsible in the wake of the Sept. 11, 2001 attacks.
The suits were filed by thousands family members and others affected by the Sept. 11 attacks. In court papers, they provided evidence that members of the Saudi royal family had channeled millions to al Qaeda prior to the bombings, often in contravention of direct guidance from the United States.
But Kagan, acting as President Obama’s Solicitor General, argued that the case should not be heard even if evidence proved that the Saudis helped underwrite al Qaeda, because it would interfere with US foreign policy with the oil-rich nation. She posited “that the princes are immune from petitioners’ claims” because of “the potentially significant foreign relations consequences of subjecting another sovereign state to suit.”
Remember when you were either with us or against us? Kagan has no scruples about acting at the behest of hypocrites and terrorists, as long as it advances her career.
Kagan also argued in a separate case that lawyers attempting to bring terrorist organizations under the rule of law by writing a legal brief, or even representing them to standards of reason in an op-ed article could be charged as terrorist sympathizers.
So, on one hand, actual terrorist outlaws should not be prosecuted, because they are powerful “allies,” whereas small-time lawyers who encourage or aid lawful behavior by less-preferred or less politically connected terrorists get no such protections, and should be prosecuted. Rule or spirit of law: 0; Powerful elite: 2
It’s the typical hypocrisy and lack of intellectual honesty by the ruling elite, and Kagan has no scruples defending it, as long as it advances her career.
Some will say that it was her job to represent the administration. However, if my job required me to tell people to take stress hormone supplements and eat high-fat diets, I’d resign, because it’s professionally irresponsible and flat-out wrong. Letting your integrity hit rock bottom in order to advance your career is pretty stanky, and not a selling point for a lifetime seat on SCOTUS. This does not pass the smell test.