That would seem to be at odds with several emails from Kagan’s time at Harvard showing that the Air Force JAG Corps was blocked from recruiting on campus. According to the memo, the JAG wrote the following in 2005: “Harvard is playing games and won't give us an [On-Campus Interviewing] date; their official window for employer registration has closed. Their recruiting manager told me today that she's still ‘waiting to hear’ whether they’ll allow us.”
After the regularly scheduled recruiting period, the JAG said that he was still denied a time slot or location to speak with students, but was given the full use of the campus Harvard Veterans Student Group. But per the directive of Harvard’s “faculty,” the military could not even post a memo at the office of Harvard’s Career Services.
That would seem to violate the Solomon Amendment, which demands that any school who accepts public funds – as does Harvard – also not discriminate against military recruiters in any way. Indeed, when Kagan was made aware that recruiters were planning on inquiring about her adherence to the Solomon Amendment, the dean relented.
Sessions mentioned that Kagan’s initial prohibition of military access penalized military recruiters who had nothing to do with the DADT policy that Kagan found so offensive. After all, DADT is the product of a federal law, and not individual policy of the recruiting office.
“Why wouldn’t you complain to Congress and not to the dutiful men and women who put their lives on the line for America every single day?” asked Sessions.
Kagan was given the option not to respond because Sessions’ time had expired, and chose to remain silent.