Faisal Shahzad Faces Federal Judge

Annemarie McAvoy on Good Day, May 18, 2010

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MYFOXNY.COM - She may hail from New York City, but not all New Yorkers are rooting for U.S. Supreme Court nominee Elena Kagan.

A group of family members of 9/11 victims say her recommendation to the Supreme Court while U.S. Solicitor General to not legally pursue the Saudi royal family for inadvertently funding terrorist organizations was a major mistake.

Good Day Wake Up spoke with Maureen Santora who lost her son, a probationary firefighter, in the September 11 attacks. She joined several families in a lawsuit against the Saudi royal family for providing money to charities that were found to have funded terrorists involved in the 9/11 attacks.

"This is an individual being considered for the Supreme Court who prevented 9/11 families from having their day in court," Santora said on Tuesday.

Kagan cited sovereign immunity among other reasons for not pursuing the lawsuit.

"She admitted there were questions with whether sovereign immunity would apply. (She also cited ) foreign policy issues when she decided not to pursue the case. The Supreme Court then decided not to take it up," said Anne Marie McAvoy, a Fordham Professor and former federal prosecutor.

The lawsuit claimed the royal family continued to support terrorist activity after 9/11, added McAvoy who spoke with Good Day Wake Up on Tuesday.

"Part of it is political correctness. The Saudis met with Kagan personally. They said it was making them uncomfortable. It's a real shame because the families never got their day in court," said McAvoy.

The Obama administration and the Bush administration took the same position not to go after the Saudi family in court.

"Put America first. Make Americans more important than foreigners. The President went and bowed before a prince and now he's considering a Supreme Court justice who thinks the Saudis are removed from any prosecution," added Santora.