Asked if Elena Kagan was "right or wrong" in discriminating against U.S. military recruiters at Harvard Law School, Joe Biden said this morning on ABC: "She was right." The vice president added:

"All during that period, she has reached out to veterans in the law school, she has been at promotions ceremonies, she’s recognized veterans coming to the law school. So this is not a single bit of anti-military bias. She does think, and I agree with her, that the don’t-ask-don’t-tell policy is a very bad policy."

As the boss has been pointing out, Don't Ask, Don't Tell is a policy based on congressional legislation. In 1993, Biden ultimately voted for the Defense authorization act that included the statute on gays in the military (after he voted to give the president authority to set policy on gays in the military). So, notwithstanding his stated opposition to DADT, shouldn't Joe Biden have been barred from appearing on Harvard's campus as well?

Or, at the very least, couldn't Kagan appeared a little uncomfortable when Biden whispered in her ear at yesterday's press conference?

(Hat tip: Jennifer Rubin)

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