Day 12: Sally Yates Proves Not All Heroes Wear Capes
Donald Trump fired acting Attorney General Sally Yates yesterday after she instructed Department of Justice lawyers not to defend the president’s executive order regarding refugees and immigrants.
On the Department of Justice’s website, the principal duties of the attorney general are spelled out:
- Represent the United States in legal matters.
- Supervise and direct the administration and operation of the offices, boards, divisions, and bureaus that comprise the Department.
- Furnish advice and opinions, formal and informal, on legal matters to the President and the Cabinet and to the heads of the executive departments and agencies of the government, as provided by law.
- Make recommendations to the President concerning appointments to federal judicial positions and to positions within the Department, including U.S. Attorneys and U.S. Marshals.
- Represent or supervise the representation of the United States Government in the Supreme Court of the United States and all other courts, foreign and domestic, in which the United States is a party or has an interest as may be deemed appropriate.
- Perform or supervise the performance of other duties required by statute or Executive Order.
The DOJ, led by the attorney general, are the nation’s lawyers responsible for arguing and interpreting the law.
The president (and his staff) don’t determine legal sufficiency of actions they choose to undertake; that would be incongruous with the ideals of checks and balances.
Yates’ obligations as acting attorney general were to the Constitution and laws of the United States, not the president’s executive orders.
Imagine a system where the president signed an order dictating all people over 6'3" to be held in internment camps. Clearly, this would violate a number of constitutional provisions, including habeas corpus principles, and the DOJ should decline to follow the president’s executive order. Not even the most fervent Trump supporter would doubt that.
Just like that, we all agree that the attorney general and DOJ have the ability to interpret and reject unlawful orders. However, Trump has drawn a line in the sand compelling the attorney general to direct their staff to enforce his executive orders. This is how slippery slopes work: today it’s an immigration and refugee ban, tomorrow it could be anything.
In incredible footage, current attorney general nominee and Senator Jeff Sessions questioned Yates about the role of government attorneys during her confirmation hearing as deputy attorney general in March 2015.
When asked if the attorney general has an obligation to follow an unlawful presidential order, Yates was clear:
“The attorney general or the deputy attorney general has an obligation to follow the law and the Constitution and to give their independent legal advice to the president.”
Sally Yates followed her own principled words.
She was fired for it, but a hero and fighter against unconstitutionality she will remain.
12 days in, 1450 to go
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