Frank Gaffney

Some of Kagan's defenders have sought to excuse her failure to oppose the promotion on campus of a brutally homophobic agenda by claiming that the program funded by Saudi Prince Alwaleed bin Talal is actually on another part of Harvard's campus, not that of the law school. For example, the George Soros-funded attack website, Media Matters, claimed: "Harvard University, not Harvard Law School - where Kagan served as dean - accepted the Saudi prince's [2005] gift."

Senator Sessions did not say Elena Kagan accepted the check. Rather, he pointed out that her selective opposition to mistreatment of gays suggests that something other than principle was operating. If Ms. Kagan had no trouble with people who advocate the murder of homosexuals having offices anywhere at her university, it would appear her determination to deny access to its campus to military recruiters bespeaks nothing more than hostility towards the armed services. Is that something we really want in a Supreme Court justice?

Worse yet, Dean Kagan had an even more direct connection to the Saudis' Shariah-recruitment efforts at Harvard. She personally officiated in 2003 over the establishment of an "Islamic Finance Project" at the law school itself. The Project's purpose is to promote what is better known as "Shariah-Compliant Finance" (SCF) by enlisting in its service some of the nation's most promising law students.

Consequently, it is absolutely appropriate for Senators to explore Elena Kagan's attitude towards Shariah - an anti-constitutional, supremacist legal doctrine that is not only a threat to homosexuals, but to our civil liberties and society more generally.

Shariah-Compliant Finance dates back to the 1940s, when it was invented by leading figures in the Muslim Brotherhood. This international organization has as its stated mission "destroying Western civilization from within...by its own miserable hand." SCF is designed to further these seditious purposes by: legitimating Shariah in non-Muslim societies; compelling non-Shariah adherent Muslims to use SCF, rather than conventional financial products (in particular, arrangements that involve charging or paying interest); and diverting funds through techniques known as "zakat" (tithing) and "purification" to support jihad. In fact, one of the driving forces behind the SCF industry, Qatari Sheikh Yusef al-Qaradawi has actually called SCF-generated zakat "jihad with money."

Ms. Kagan's Islamic Finance Project has also played a prominent role in encouraging the U.S. government to endorse Shariah-Compliant Finance. Notably, a founding advisor to the Project, Harvard professor Samuel Hays III, conducted a "seminar for the policy community" in November 2008. It was sponsored by a former Goldman Sachs executive-turned-Assistant Treasury Secretary, Neel Kashkari, who at the time was responsible for the Troubled Asset Relief Program (TARP). The signal thus sent could not have been clearer, either to Kashkari's colleagues in government or those in the financial sector: At a moment when the very viability of major banks and investing institutions critically depended on this individual's favor, it would be advisable to embrace Shariah-Compliant Finance.

Thank heavens Jeff Sessions will play a leading role in the Judiciary Committee's scrutiny of Elena Kagan. Since there is so little else to go on concerning her judgment and judicial philosophy, her attitude toward and association with Shariah's insinuation into this country loom large. We can only hope that Sen. Sessions and his colleagues will make the most of this teachable moment. At the very least, her association with Shariah adds to the already long list of issues on which a Justice Kagan would have to recuse herself, seriously diminishing her value to the court.


Frank Gaffney

Frank Gaffney Jr. is the founder and president of the Center for Security Policy and author of War Footing: 10 Steps America Must Take to Prevail in the War for the Free World .
 
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