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CNS Repeats False Claim Kagan Is ‘Anti-Military’

Posted on June 28, 2010

In a June 28 CNSNews.com article that’s yet another attack on Elena Kagan, Fred Lucas uncriticially quotes from a letter from the group Military Families United claiming that Kagan has a “perceived anti-military bias” over her purported “failure to comply with federal law” on allowing military recruiters at Harvard Law School.

The claim that Kagan is “anti-military” is objectively false — something Lucas couldn’t be bothered to report.

Lucas also described Military Families United as “a non-partisan non-profit group.” That’s debatable since its website clearly seems to be right-leaning through the views that it takes, on top of attacking Kagan:

  • A June 23 statement from Kirk Lippold, the group’s senior military fellow, came to the defense of ousted Gen. Stanley McChrystal, claiming his comments in Rolling Stone magazine, while “admittedly unprofessional and impertinent,” “clearly do not constitute the necessary broad grounds for dismissal.” 
  • In a Feb. 22 press release, Lippold parroted right-wing talking points on Justice Department attorneys who had previously represented Guantánamo Bay detainees.

Lucas also misstated Kagan’s actions in the controversy over military recruiters at Harvard Law School, stating that Kagan “reversed the policy” to accept recruiters at the school after the Solomon Amendment was passed. In fact, Kagan reversed the policy for only one semester, and only after an appeals court reversed the Solomon Amendment.

Lucas also uncritically quoted Republican Rep. Jeff Sessions claiming, “Simply put, Harvard was legally bound by the Solomon Amendment every single day that Ms. Kagan was dean,” but no evidence is offered to support it, nor is the mitigating factor of the appeals court reversal mentioned.

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