Her position was an assault on due process.
Despite concerns raised in the opposing argument the danger posed by vague interpretations of criminal statutes, which infringe on the protections of free speech as provided by the First Amendment Kagan ignored the sound opinion of the unprecedented position taken by 42 former United States State Attorneys General** and a United States Attorney General who filed an amicus brief in support of Siegelman's argument.***
Kagan defended a position that would restrict Constitutional freedoms.
Also troubling is the manner by which Kagan feigned ignorance to what is frightfully apparent in Siegelman's case prosecutorial misconduct. Instead of questioning the bizarre prosecution tactics employed against Siegelman, Kagan blindly supported positions taken by prosecutors with obvious personal and political agendas.
These are attributes which are ill-suited for members of the highest Court in our land. Due process is the examination of the means used to justify the end. Her nomination would pose a grave threat to victims of due process violations, whose only redress is the courts.
For her indefensible support of restrictions on Constitutional freedoms and her failures to defend due process, Elena Kagan should be denied confirmation as a Supreme Court nominee.
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*Democratic former New Jersey State Assemblyman and Jersey City candidate for mayor
** The number of former chief law enforcers of their states signing the petition rose to 91, from more than 40 states
*** Republican Former U.S. Attorney Gen. Dick Thornburgh criticized what he described as politicized DOJ decision-making during his 2007 testimony to the House Judiciary Committee
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