AEI's John Yoo on Kagan's 'Executive Problem'

John Yoo, AEI scholar and University of California-Berkeley law professor, writes in the New York Times that Elena Kagan simply isn't doing enough to say she supports a strong executive.

Never mind that she has been defending some of the policies that Yoo help put in place during the Bush years.

True, Ms. Kagan has defended some of the Bush administration’s counterterrorism policies on wiretapping and the detention of terrorists without criminal trial (policies on which I worked as a deputy assistant attorney general under President George W. Bush). But these positions provide little hint about what a Justice Kagan would think about executive authority sitting on the bench in time of war.