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YOU’RE FIRED: Obama Holdover Sally Yates, AG Who Ordered Justice Deptartment Not to Defend President’s Travel Ban, Fired

Sally Yates, during her confirmation hearing before the Senate Judiciary Committee to be Deputy Attorney General at the U.S. Department of Justice. March 24, 2015. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

‘It’s sad that our politics have become so politicized that you have people refusing to enforce our laws’

Matt ZapotoskySari Horwitz and Mark Berman reports: President Trump fired Acting Attorney General Sally Yates Monday night, after Yates ordered Justice Department lawyers Monday not to defend his immigration order temporarily banning entry into the United States for citizens of seven Muslim-majority countries and refugees from around the world.In a press release, the White House said Yates had “betrayed the Department of Justice by refusing to enforce a legal order designed to protect the citizens of the United States.”

The White House has named Dana Boente, U.S. attorney for the Eastern District of Virginia, as acting attorney general. Boente told The Washington Post that he will agree to enforce the immigration order.

Earlier on Monday, Yates ordered Justice Department not to defend President Trump’s immigration order temporarily banning entry into the United States for citizens of seven Muslim-majority countries and refugees from around the world, declaring in a memo that she is not convinced the order is lawful.

Yates wrote that, as the leader of the Justice Department, she must ensure that the department’s position is “legally defensible” and “consistent with this institution’s solemn obligation to always seek justice and stand for what is right.”

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“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,” Yates wrote. She wrote that “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.”

Yates is a holdover from the Obama administration, but the move nonetheless marks a stunning dissent to the president’s directive from someone who would be on the front lines of implementing it.

[Read the full story here, at The Washington Post]

Also Monday, State Department diplomats circulated various drafts of a memo objecting to Trump’s order, which was issued Friday. The document is destined for what’s known as the department’s Dissent Channel, which was set up during the Vietnam War as a way for diplomats to signal to senior leadership their disagreement on foreign policy decisions. More than 100 diplomats have signed the memo, which argues that the immigration ban will not deter attacks on American soil but will generate ill will toward U.S. citizens.

What will happen next is unclear. A Justice Department official, speaking on the condition of anonymity, said those who would normally defend the order under Yates’s authority can no longer do so. Yates will probably be replaced soon by Sen. Jeff Sessions (R-Ala.), Trump’s attorney general nominee, who could be confirmed as early as Thursday or Friday. The Senate Judiciary Committee is scheduled to consider his nomination Tuesday, and the entire Senate must wait one day before voting.

A spokeswoman for Sessions declined to comment. A White House spokeswoman did not immediately return an email seeking comment.

White House domestic policy adviser Stephen Miller said on MSNBC that Yates’s decision was “a further demonstration of how politicized our legal system has become.”

“It’s sad that our politics have become so politicized that you have people refusing to enforce our laws,” Miller said…(read more)

Source: The Washington Post

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