Earlier quoted context omitted.
I don't understand your point. Trump has dismissed the acting AG for refusing to execute the laws. As far as I know, Ms. Yates's job as acting AG is to preside over the enforcement of the law, not to decide whether it is constitutional (there is a process for that, and Ms. Yates is not in a position to make that determination) nor to decide whether it is good policy (as she is neither a legislator nor the chief execu…
According to her announcement, she seemed to believe that the order was unlawful. As she was the most important litigator in the land, I don't think it's as cut and dry as you say.
Trump Fires Acting Attorney General
41–50 of 498 posts
Re: Trump Fires Acting Attorney General
#42Anyone in the private sector would be fired under similar conditions, except probably without an article in the NY times.
Re: Trump Fires Acting Attorney General
#43I despise Trump, but I don't think it's it's acceptable for a civil servant to insert themselves into the news. If you're getting an unlawful or unethical order, you follow the process, suck it up or resign in protest. By going rogue and making yourself the story, you're attacking the office of the president. It's a bad idea, bad precedent and will have bad outcomes.
Bollocks. Presidents are not above the law; most of them don't need to have their nose rubbed in the carpet in order to learn that. It is eminently clear that the muslim ban executive order was drafted, written, and released without any of the normal communication, forewarning, or legal reviews. The AG is 100% within their duties to the nation and the constitution to say that they will not enforce something of that n…
Re: Trump Fires Acting Attorney General
#44Earlier quoted context omitted.
>The major worry for me is Trump's seeking to punish anyone who shows disloyalty. This shouldn't be surprising nor worrying. This is how hierarchical leadership works and it's fully expected that anyone under the President may be forced to do whatever the President wants. It's the entire reason there are 2 other branches of government.
I'm concerned we're going to see unprecedented levels of constitutional and legal violations from this particular executive branch. Checks and balances are great, but not when they happen after the fact. And no, the president is not elected dictator, there's a degree of insubordination allowed. It's not the first time an AG has said "we cannot fight this ruling, nor should we".
Re: Trump Fires Acting Attorney General
#45-Peter Thiel, 2016
I guess to Thiel, a saner, more sensible immigration policy involves invoking 9/11 to ban people from 7 countries not involved in that attack from the U.S, including permanent residents on a legal path to citizenship and holders of valid visas. All done with zero warning via executive order and without conferring with DHS or DOJ.
Re: Trump Fires Acting Attorney General
#46Earlier quoted context omitted.
I don't understand your point. Trump has dismissed the acting AG for refusing to execute the laws. As far as I know, Ms. Yates's job as acting AG is to preside over the enforcement of the law, not to decide whether it is constitutional (there is a process for that, and Ms. Yates is not in a position to make that determination) nor to decide whether it is good policy (as she is neither a legislator nor the chief execu…
According to her announcement, she seemed to believe that the order was unlawful. As she was the most important litigator in the land, I don't think it's as cut and dry as you say.
She is claiming that there are potential legal conflicts without being specific because she knows that her only defense is to claim that she is bound to disregard the order by a higher law. Like a lot of things lawyers say, it's just enough to give her a shade of grey sufficient for plausible deniability. Without such a claim, there'd be no question that she had failed to fill her obligations as an officer of the law, because as we've already established, it's not the AG's position to determine the validity of the laws. We elect legislators and install judges to perform those functions.
The AG's duty is to fairly enforce the laws without allowing their personal inclinations to supersede the will of the people expressed through the republican-democratic processes under which we are governed. Executive orders, including executive orders that address immigration, have long since been established as lawful.
If Ms. Yates sees a blatant constitutional violation in President Trump's order, the correct thing to do would be to resign and immediately work to assist challenges to the law via the long-established processes that permit that. As a high-ranking official in the DoJ, she would surely have the knowledge and connections to do this expeditiously.
Would Democrats have been pleased with Loretta Lynch if she refused to do her part to uphold Obama's EO's regarding immigration enforcement? Something tells me they wouldn't.
Re: Trump Fires Acting Attorney General
#47If I understand it right this is the first time an AG has been relieved for purely political reasons. If the AG doesn't think it's likely they'll win a defense, that usually doesn't cause an issue. As an edit: it probably wouldn't have been reasonable for her to put up an intentionally weak case, but if the order isn't able to stand up in court, then what? The major worry for me is Trump's seeking to punish anyone wh…
https://en.wikipedia.org/wiki/Saturday_Night_Massacre
Maybe not the best precedent.
Re: Trump Fires Acting Attorney General
#48If I understand it right this is the first time an AG has been relieved for purely political reasons. If the AG doesn't think it's likely they'll win a defense, that usually doesn't cause an issue. As an edit: it probably wouldn't have been reasonable for her to put up an intentionally weak case, but if the order isn't able to stand up in court, then what? The major worry for me is Trump's seeking to punish anyone wh…
Comes as a surprise as she is the only person in the DOJ authorized to sign off on foreign security letters [0] How nice that Trump right out of the gate has kneecapped his administration in terms of intelligence gathering! At least until a puppet replacement is approved by the Senate. [0] https://www.nytimes.com/2017/01/30/us/politics/trump-immigra... [Edit: earlier in the day I read that the acting AG was the only…
Re: Trump Fires Acting Attorney General
#49Re: Trump Fires Acting Attorney General
#50Earlier quoted context omitted.
Comes as a surprise as she is the only person in the DOJ authorized to sign off on foreign security letters [0] How nice that Trump right out of the gate has kneecapped his administration in terms of intelligence gathering! At least until a puppet replacement is approved by the Senate. [0] https://www.nytimes.com/2017/01/30/us/politics/trump-immigra... [Edit: earlier in the day I read that the acting AG was the only…
This is not true. The NYT article has been fixed.