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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region Forums***BOOM*** Acting AG says Justice Department will not defend refugee executive order in court
http://www.nbc12.com/story/34382990/acting-ag-says-justice-department-will-not-defend-refugee-executive-order-in-courtWASHINGTON, D.C. (WWBT/AP) -
Acting Attorney General Sally Yates, a Democratic appointee, says she's directed Justice Department attorneys not to defend President Donald Trump's executive order on refugees.
Yates released the following statement:
My role is different from that of the Office of Legal Counsel (OLC), which, through administrations of both parties, has reviewed Executive Orders for form and legality before they are issued. OLC's review is limited to the narrow question of whether, in OLC's view, a proposed Executive Order is lawful on its face and properly drafted. Its review does not take account of statements made by an administration or it surrogates close in time to the issuance of an Executive Order that may bear on the order's purpose. And importantly, it does not address whether any policy choice embodied in an Executive Order is wise or just.
Similarly, in litigation, DOJ Civil Division lawyers are charged with advancing reasonable legal arguments that can be made supporting an Executive Order. But my role as leader of this institution is different and broader. My responsibility is to ensure that the position of the Department of Justice is not only legally defensible, but is informed by our best view of what the law is after consideration of all the facts. In addition, I am responsible for ensuring that the positions we take in court remain consistent with this institution's solemn obligation to always seek justice and stand for what is right. At present, I am not convinced that the defense of the Executive Order is consistent with these responsibilities nor am I convinced that the Executive Order is lawful.
Consequently, for as long as I am the Acting Attorney General, the Department of Justice will not present arguments in defense of the Executive Order, unless and until I become convinced that it is appropriate to do so.
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***BOOM*** Acting AG says Justice Department will not defend refugee executive order in court (Original Post)
underpants
Jan 2017
OP
enough
(13,262 posts)1. Beautiful writing, well said AAG Yates. (And well done.) NT
Generic Brad
(14,275 posts)2. How long before he fires her?
I expect tomorrow noon at the latest.
underpants
(182,877 posts)4. As soon as Sessions is confirmed
but that's the normal procedure.
dixiegrrrrl
(60,010 posts)5. All the more reason to delay that comfirmation as long as possible. n/t
Generic Brad
(14,275 posts)6. He could not wait until morning
He's the dictator I knew he would be.
underpants
(182,877 posts)7. You're right. Fired her last night.
Just saw it this morning.
Cha
(297,655 posts)3. Thank you!