Acting AG’s Showboating Is a Fitting End to the Obama Era

 

Acting Attorney General Sally Q. Yates.

Acting US Attorney General Sally Yates, an Obama appointee, ordered the Department of Justice not to defend President Trump’s executive order on immigration.

I couldn’t think of a more fitting capstone to the Obama record on Justice than its showboating on the immigration order.  The legal arguments weigh strongly in favor of the administration — even though I find the policy misguided — and the Justice Department has a legal obligation to defend it. It can only refuse if there are no reasonable grounds on which to defend or the Justice Department has come to the conclusion that the law is unconstitutional, which it could only do it if disregarded existing statutes and case law. Once again the Obama Justice Department has put its left-wing politics before its legal duties.

On the other hand, this is meaningless showboating. Attorney General Sessions will be confirmed soon, and on day one he will direct DOJ attorneys to defend the order. But I couldn’t think of a more fitting end to the Obama Justice Department if President Trump were to call the Sally Yates, and say: “you’re fired.”

Published in Domestic Policy, Immigration, Law
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  1. NYLibertarianGuy Inactive
    NYLibertarianGuy
    @PaulKingsbery

    The dispute over the EO could affect the confirmation vote for Senator Sessions, no?  At least the timing?

    • #1
  2. tigerlily Member
    tigerlily
    @tigerlily

    Agree 100%.

    • #2
  3. dittoheadadt Inactive
    dittoheadadt
    @dittoheadadt

    First time in 8 years a US Attorney General told an American president “No”

    • #3
  4. Johnny Dubya Inactive
    Johnny Dubya
    @JohnnyDubya

    This is what “resistance” looks like.

    • #4
  5. Hoyacon Member
    Hoyacon
    @Hoyacon

    Let’s play that old warhorse, the flip-the-party game.  A Democrat president (fill in the blank) issues an executive order exempting five million illegal aliens from our immigration law.  An Acting AG in the Justice Department (Republican) refuses to defend that order in court.  You win the game by correctly guessing the media reaction.

    • #5
  6. NYLibertarianGuy Inactive
    NYLibertarianGuy
    @PaulKingsbery

    Hoyacon (View Comment):
    Let’s play that old warhorse, the flip-the-party game. A Democrat president (fill in the blank) issues an executive order exempting five million illegal aliens from our immigration law. An Acting AG in the Justice Department (Republican) refuses to defend that order in court. You win the game by correctly guessing the media reaction.

    Obviously, the media reaction would be to suggest it was the end of the Republic.

    But do you think any other President, aware that the acting head of the DOJ was not aligned with his party, would invite the conflict?  If Sessions is going to be confirmed soon, why didn’t Trump and his advisers wait and then issue the order with a properly staffed DOJ?

    • #6
  7. Brian Watt Inactive
    Brian Watt
    @BrianWatt

    Why do I have the feeling that she’ll be getting a phone call from the West Wing this evening…or walk into her office in the morning and find an emissary from the White House waiting to speak to her and convey that her services are no longer required?

    • #7
  8. Chris Campion Coolidge
    Chris Campion
    @ChrisCampion

    She’s certainly doing a great job of acting as an attorney.

    Much like Holder did.

    • #8
  9. Tim H. Inactive
    Tim H.
    @TimH

    NYLibertarianGuy (View Comment):
    But do you think any other President, aware that the acting head of the DOJ was not aligned with his party, would invite the conflict? If Sessions is going to be confirmed soon, why didn’t Trump and his advisers wait and then issue the order with a properly staffed DOJ?

    I wonder if they expected this bit of defiance from the department head.  I didn’t think about it, either, but then it’s not my job.

    I can’t remember a similar case, can any of the rest of you?

    • #9
  10. jonb60173 Member
    jonb60173
    @jonb60173

    um, I suppose it’s always been this biased and I just wasn’t paying attention, but I find it a little more than just troublesome that justice department employees have politicized justice.  I guess I prefer the old fashioned justice where they referred back to the law.  But then after eight years of Holder and Lynch – again, I guess I just was paying attention prior to that.

    • #10
  11. Hypatia Member
    Hypatia
    @

    There is no question but that Trump’s action is legal and constitutional.  Her refusal to  defend it comes down to “I don’t like it”.   And she took her cue from her boss Omega, who tweeted out that he was “heartened” by the protests this weekend.

    The majority of Americans approve of what he’s doing.

    Sorry, Ex-Prez Omega and Ms. Yates: you just aren’t “who we are”!

    • #11
  12. harrisventures Inactive
    harrisventures
    @harrisventures

    I think actions like this just increase Trumps approval ratings.

    I’ll be glad to be rid of all the grandstanding and showboating Obama appointees, even if it may take a while. But my greatest wish would be to be rid of the Obamamination, but alas, he will not leave the stage…

    • #12
  13. Jules PA Inactive
    Jules PA
    @JulesPA

    Hoyacon (View Comment):
    Let’s play that old warhorse, the flip-the-party game. A Democrat president (fill in the blank) issues an executive order exempting five million illegal aliens from our immigration law. An Acting AG in the Justice Department (Republican) refuses to defend that order in court. You win the game by correctly guessing the media reaction.

    The nuclear option: all their heads explode. Polluting the air and soil with liberal “brain” matter for generations.

    • #13
  14. Jules PA Inactive
    Jules PA
    @JulesPA

    Hypatia (View Comment):
    There is no question but that Trump’s action is legal and constitutional. Her refusal to defend it comes down to “I don’t like it”. And she took her cue from her boss Omega, who tweeted out that he was “heartened” by the protests this weekend.

    The majority of Americans approve of what he’s doing.

    Sorry, Ex-Prez Omega and Ms. Yates: you just aren’t “who we are”!

    But protests from the people are a completely different thing. It is our job to shine and complain and be partisan.

    Justice is blind to all but the law. Or used to be.

    You don’t like the law? work to change it.

    • #14
  15. Jules PA Inactive
    Jules PA
    @JulesPA

    NYLibertarianGuy (View Comment):

    Hoyacon (View Comment):
    Let’s play that old warhorse, the flip-the-party game. A Democrat president (fill in the blank) issues an executive order exempting five million illegal aliens from our immigration law. An Acting AG in the Justice Department (Republican) refuses to defend that order in court. You win the game by correctly guessing the media reaction.

    Obviously, the media reaction would be to suggest it was the end of the Republic.

    But do you think any other President, aware that the acting head of the DOJ was not aligned with his party, would invite the conflict? If Sessions is going to be confirmed soon, why didn’t Trump and his advisers wait and then issue the order with a properly staffed DOJ?

    Because, truly, if it is about safety, it should happen right away.

    Bur if it is just part of a game, he could have waited.

    They should just fix the parts that are erroneous or unclear, and move on.

    • #15
  16. MLH Inactive
    MLH
    @MLH

    jonb60173 (View Comment):
    um, I suppose it’s always been this biased and I just wasn’t paying attention, but I find it a little more than just troublesome that justice department employees have politicized justice. I guess I prefer the old fashioned justice where they referred back to the law. But then after eight years of Holder and Lynch – again, I guess I just was paying attention prior to that.

    You mean like Justice being blind and all that? That’s so 1700’s. Justice, she is compassionate now.

    • #16
  17. Jules PA Inactive
    Jules PA
    @JulesPA

    Sally Yates just got the boot!!!

    • #17
  18. Jules PA Inactive
    Jules PA
    @JulesPA

    MLH (View Comment):
    Justice being blind and all that?

    Great minds think alike!

    • #18
  19. Kozak Member
    Kozak
    @Kozak

    And “You’re fired”

    @POTUS has named Dana Boente as acting AG.

    • #19
  20. NYLibertarianGuy Inactive
    NYLibertarianGuy
    @PaulKingsbery

    Jules PA (View Comment):

    NYLibertarianGuy (View Comment):

    Hoyacon (View Comment):
    Let’s play that old warhorse, the flip-the-party game. A Democrat president (fill in the blank) issues an executive order exempting five million illegal aliens from our immigration law. An Acting AG in the Justice Department (Republican) refuses to defend that order in court. You win the game by correctly guessing the media reaction.

    Obviously, the media reaction would be to suggest it was the end of the Republic.

    But do you think any other President, aware that the acting head of the DOJ was not aligned with his party, would invite the conflict? If Sessions is going to be confirmed soon, why didn’t Trump and his advisers wait and then issue the order with a properly staffed DOJ?

    Because, truly, if it is about safety, it should happen right away.

    Bur if it is just part of a game, he could have waited.

    They should just fix the parts that are erroneous or unclear, and move on.

    If it was so important, why did he wait a week?  Why wasn’t it a Day 1 priority?

    • #20
  21. Tim H. Inactive
    Tim H.
    @TimH

    I just got a NY Times alert:  Trump has fired Yates, the acting Attorney General.

    • #21
  22. Jules PA Inactive
    Jules PA
    @JulesPA

    NYLibertarianGuy (View Comment):

    Jules PA (View Comment):

    NYLibertarianGuy (View Comment):

    Hoyacon (View Comment):
    Let’s play that old warhorse, the flip-the-party game. A Democrat president (fill in the blank) issues an executive order exempting five million illegal aliens from our immigration law. An Acting AG in the Justice Department (Republican) refuses to defend that order in court. You win the game by correctly guessing the media reaction.

    Obviously, the media reaction would be to suggest it was the end of the Republic.

    But do you think any other President, aware that the acting head of the DOJ was not aligned with his party, would invite the conflict? If Sessions is going to be confirmed soon, why didn’t Trump and his advisers wait and then issue the order with a properly staffed DOJ?

    Because, truly, if it is about safety, it should happen right away.

    Bur if it is just part of a game, he could have waited.

    They should just fix the parts that are erroneous or unclear, and move on.

    If it was so important, why did he wait a week? Why wasn’t it a Day 1 priority?

    Well, he doesn’t have us on his team. Think of all the winning he’d get by recruiting some Ricochetti!!!

    • #22
  23. BD1 Member
    BD1
    @

    She’ll probably end up a millionaire (book deal, speaking appearances) as a result of this.

    • #23
  24. Hoyacon Member
    Hoyacon
    @Hoyacon

    NYLibertarianGuy (View Comment):

    Hoyacon (View Comment):
    Let’s play that old warhorse, the flip-the-party game. A Democrat president (fill in the blank) issues an executive order exempting five million illegal aliens from our immigration law. An Acting AG in the Justice Department (Republican) refuses to defend that order in court. You win the game by correctly guessing the media reaction.

    Obviously, the media reaction would be to suggest it was the end of the Republic.

    But do you think any other President, aware that the acting head of the DOJ was not aligned with his party, would invite the conflict? If Sessions is going to be confirmed soon, why didn’t Trump and his advisers wait and then issue the order with a properly staffed DOJ?

    I don’t agree.  POTUS has the right to expect the DOJ will act in its role as his representative in court.  Why should he be held hostage to any delay created for partisan purposes?

    That said, this is probably the best thing that ever happened to Ms. Yates.  She will become a heroine among the misguided for not doing her job.

     

    • #24
  25. NYLibertarianGuy Inactive
    NYLibertarianGuy
    @PaulKingsbery

    Hoyacon (View Comment):I don’t agree. POTUS has the right to expect the DOJ will act in its role as his representative in court. Why should he be held hostage to any delay created for partisan purposes?

    That said, this is probably the best thing that ever happened to Ms. Yates. She will become a heroine among the misguided for not doing her job.

    Don’t see how you can “disagree” with questions.  Agree this will end up being a big deal for Sally Yates.

    Hypothetical for you:  If Trump instructed the SecDef or the AG to torture enemy soldiers or criminals–real, medieval-style torture, beyond just waterboarding–would it be proper for the SecDef or DOJ to refuse the order?

    • #25
  26. David Carroll Thatcher
    David Carroll
    @DavidCarroll

    Good riddance.  I trust she is the first of many from the discreditable Department of Justice.  Remember, this is the same DOJ for which a Texas District Judge ordered 5 years of ethics education (since rescinded, unfortunately).  He ordered the ethics education because DOJ lawyers lied to him.

    • #26
  27. Jules PA Inactive
    Jules PA
    @JulesPA

    Trump must have something really big in the works. I don’t know if the left can manage more than two traumas, but they can’t focus on just one:

    1. restricted immigration for countries of particular concern

    2. the firing of Sally Yates

    Do we need to build a wailing wall?

    • #27
  28. goldwaterwoman Thatcher
    goldwaterwoman
    @goldwaterwoman

    I think she’s had some serious work done. Botox or plastic surgery? This gal is 56.

    • #28
  29. harrisventures Inactive
    harrisventures
    @harrisventures

    NYLibertarianGuy (View Comment):
    Hypothetical for you: If Trump instructed the SecDef or the AG to torture enemy soldiers or criminals–real, medieval-style torture, beyond just waterboarding–would it be proper for the SecDef or DOJ to refuse the order?

    Sure. Then they should fully expect the result. ‘You’re Fired’.

    I’m not commenting on the morality of such an order, but you serve at the pleasure of the President.

    • #29
  30. Jules PA Inactive
    Jules PA
    @JulesPA

    goldwaterwoman (View Comment):
    I think she’s had some serious work done. Botox or plastic surgery? This gal is 56.

    Some people have flexible skin. I don’t think she looks plastic. Funny, she reminds me of Christie Todd-Whitman, darling of NJ from the ’90s.

    • #30
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