Kagan knew or should have known all this and more. That didn't stop her from arguing that Don Siegelman should be kept in jail.
Without any doubt, Kagan knew that her position as U.S. Solicitor General was voluntary; that she could simply refuse to argue for a further miscarriage of justice.
Kagan knew what she was doing when she argued against Don Siegelman's appeal. She did it of her own free will. Therefore, she deserves a judgment based on her actions.
That judgment is that Elena Kagan was a willing accomplice in one of the most outrageous political prosecutions of our time. Why should anyone ever trust her?
Her nomination to the Supreme Court of the United States should be rejected unanimously.
N.B. Leura Canary continues to serve as the U.S. Attorney, Middle District, Alabama.
Many thanks to Joan Brunwasser for her helpful comments.
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