07 May Kagan to Be Obama’s Pick for the Supreme Court?
[W]ith regard to the material support statute, there are substantial (pending) issues with regard to its scope, given that the Ninth Circuit invalidated the “service,” “training,” and “expert advice or assistance” provisions on vagueness grounds. That ruling is the subject of the Humanitarian Law Project case currently before the Supreme Court that I referenced earlier, one particular snippet of which bears mention here:
At one point, Justice Kennedy asked Solicitor General Kagan if filing an amicus brief on behalf of a designated foreign terrorist organization would constitute “service” under 2339B, and thereby subject the brief’s author to criminal prosecution [see pg. 47 of the transcript]. General Kagan’s answer, to perhaps everyone’s surprise, was “yes.” Specifically, as she put it, “to the extent that a lawyer drafts an amicus brief for the [designated groups], . . . then that indeed that would be prohibited.”
Can we finally stop pretending that there is anything even remotely progressive about Obama, at least insofar as national security is concerned?