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Kagan helped shield Saudis from 9/11 lawsuits
http://rawstory.com/rs/2010/0511/kagan-helped-shield-saudis-911-lawsuits/
By John Byrne
Tuesday, May 11th, 2010 -- 9:04 am
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.”
In an interview with the Philadelphia Inquirer published Tuesday, the mother of a man who was killed on United Flight 93 in Pennsylvania said he didn't know why Kagan argued that the case not even be heard. By keeping the case off the dockets, the Saudis were spared scrutiny of their finances.
"We had hoped she would be with us so that we could have our day in court," Beverly Burnett said.
Story continues below...
“I find this reprehensible,” said Kristen Breitweiser, another family member whose husband was killed in the 9/11 attacks, said at the time. “One would have hoped that the Obama administration would have taken a different stance than the Bush administration, and you wonder what message this sends to victims of terrorism around the world.”
The Obama Administration's decision to intervene in the Saudi-al Qaeda case so irritated two Republican senators that they introduced legislation aiming to ensure that Americans have the ability to sue foreign governments.
Sen. Arlen Specter (D-PA) and Sen. Lindsey Graham (R-SC) offered a proposal to amend the Foreign Sovereign Immunities Act, which Kagan cited as one reason the Saudi case should not be heard. Both senators said that US citizens should be able to sue foreign governments if they are found to be supporting terrorist activity.
Specter, who has since become a Democrat, was unusually blunt.
"She wants to coddle the Saudis," he said.
.http://rawstory.com/rs/2010/0511/kagan-helped-shield-saudis-911-lawsuits/
By John Byrne
Tuesday, May 11th, 2010 -- 9:04 am
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.”
In an interview with the Philadelphia Inquirer published Tuesday, the mother of a man who was killed on United Flight 93 in Pennsylvania said he didn't know why Kagan argued that the case not even be heard. By keeping the case off the dockets, the Saudis were spared scrutiny of their finances.
"We had hoped she would be with us so that we could have our day in court," Beverly Burnett said.
Story continues below...
“I find this reprehensible,” said Kristen Breitweiser, another family member whose husband was killed in the 9/11 attacks, said at the time. “One would have hoped that the Obama administration would have taken a different stance than the Bush administration, and you wonder what message this sends to victims of terrorism around the world.”
The Obama Administration's decision to intervene in the Saudi-al Qaeda case so irritated two Republican senators that they introduced legislation aiming to ensure that Americans have the ability to sue foreign governments.
Sen. Arlen Specter (D-PA) and Sen. Lindsey Graham (R-SC) offered a proposal to amend the Foreign Sovereign Immunities Act, which Kagan cited as one reason the Saudi case should not be heard. Both senators said that US citizens should be able to sue foreign governments if they are found to be supporting terrorist activity.
Specter, who has since become a Democrat, was unusually blunt.
"She wants to coddle the Saudis," he said.
News for Elena Kagan
Elena Kagan Takes Center Stage in 2010 Campaign Battles 
- 1 hour ago "I think you will see some Republican senators, moderates, giving very careful consideration to their vote on Elena Kagan," CBS News Chief Washington ...CBS News - 8319 related articles »Elena Kagan, nominated for Supreme Court, has already won ... - Washington Post - 10 related articles »Elena Kagan - Wikipedia, the free encyclopedia
Obama picks Elena Kagan as Supreme Court nominee - Yahoo!
10 May 2010 ... President Barack Obama picked solicitor general Elena Kagan as his nominee for the US Supreme Court, NBC reported on Sunday, ...
news.yahoo.com/s/nm/20100510/pl_nm/us_usa_court_kagan_1 - Cached
I have a few of my own questions to add to this list published by congress.org....
Seven questions for Elena Kagan
Advocacy groups want to learn more about her take on these issues.
http://www.congress.org/news/2010/05/10/seven_questions_for_elena_kagan
By Ambreen Ali
With no judicial record to dig through, conservative and liberal groups alike are scrutinizing Supreme Court nominee Elena Kagan's past for signs of her political leanings.
At 50, Kagan has served as the dean of Harvard Law School, associate White House counsel to President Bill Clinton, and law clerk for Justice Thurgood Marshall.
Advocacy groups have drawn the most clues about Kagan's views from her tenure at Harvard, where she was praised for bridging the gap between liberals and conservatives. Indeed, she snagged several Republican votes when she was up for solicitor general last year.
But at Harvard she also took a bold stance on the military's Don't Ask Don't Tell policy earned praise from liberal groups such as the Human Rights Campaign and criticism from conservative groups such as the Judicial Crisis Network.
For now, it appears that the fight over Kagan's nomination will focus on seven key issues:
* The military: As dean, Kagan opposed military recruiting on the Harvard campus on the basis that the Don't Ask law violated the university's anti-discrimination policy. That has won her points with liberals, but conservatives have painted her stance as anti-military. The issue could also come before the court soon as the Pentagon reviews the ban and Congress considers repealing it.
(This is probably the least of the issues I would worry about with regard to Kagan's views on 'the military'. What does she think of Posse Comitatus (the lack thereof?) Do you suppose that the folks at Congress.org are trying to frame the debate AWAY from the critical constitutional issues?)
* Affirmative action: Kagan's poor track record of hiring minorities while at Harvard troubles some liberal groups, although big players like the National Association for the Advancement of Colored People have backed her up. Republicans, meanwhile, have tried to paint her as favorable of affirmative action.
* Executive power: A lot has been made on both sides about Kagan's views in favor of presidential power. She doesn't go as far as some conservatives who believe that the executive reigns supreme on matters of national security, but her statements on the issue during her confirmation hearings as solicitor general trouble some liberals.
* Abortion: As with any nominee, Kagan will surely face questions on contentious issues like abortion, guns, and religion. Advocacy groups have been most vocal on abortion, with Americans United for Life claiming that Kagan has strong ties to pro-choice groups. Terry O'Neill, president of the National Organization of Women, said her group believes Kagan supports their pro-choice position but is waiting for the confirmation hearings to reveal more.
* Citizens United: Kagan argued for the losing position in this Supreme Court case, siding against special interest groups that can now spend unlimited money on election ads. President Obama cited Kagan's passion over the issue "despite long odds of success" during Monday's nomination. Lawmakers on both sides will probably want to know more about her thinking on the court ruling.
* The Constitution: Kagan wrote about Justice Marshall's views that the Constitution was defective until it was amended to free slaves and give women and minorities equal rights. Republicans have tried to draw from Kagan's writings some clue of her take on judges interpreting and adapting the Constitution for the present day.
* Health care: Numerous states are challenging President Obama's health care overhaul, which was signed into law while Kagan was part of the administration. Expect questions about the issue and whether Kagan plans to recuse herself if the Supreme Court takes it on.
* What about being a paid advisor at Goldman Sachs for a globalist panel on manipulating international currencies for 4 years???
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