KOMMONSENTSJANE – PLAIN AND SIMPLE – SALLY YATES AND DERELICTION OF DUTY

 

Sally Yates is neither a hero, nor a villain. She made a mistake when she instructed the entire Justice Department not to defend President Trump’s executive

It looks like these people need to go. The first order of employment is being loyal to any company (state or Federal government) in which you are employed. They are committing insubordination which includes failure to perform work assigned and disloyal to the company (state or federal government).

These people will not ever be good employees if they have filled this grievance.  They have been employed in the passt with Hillary Clinton in an environment which had become a rogue part of the government and  which does not have American values and therefore cannot commit to the Trump change and must be relieved of their duty or retired.  They have to be loyal to our country.

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People enter the State Department Building in Washington, U.S., January 26, 2017.
WASHINGTON, Jan 31 (Reuters) – Roughly 900 U.S. State Department officials signed an internal dissent memo critical of President Donald Trump’s travel ban for refugees and immigrants from six Muslim-majority countries, a source familiar with the document said on Tuesday.

A senior State Department official confirmed that the memorandum in the department’s “dissent channel” had been submitted to management.

White House spokesman Sean Spicer said on Monday he was aware of the memo but warned career diplomats that they should either “get with the program or they can go.”
Sally Q. Yates in 2015. Ms. Yates, who was deputy attorney general for the last year and a half of the Obama administration, was running the department temporarily until the Senate could confirm a replacement.

I was flabbergasted watching Yates on TV.  The manner in which she was conducting herself as a professional was surprising.  Her manner was so slip-shod.  She wouldn’t have lasted in the company I worked for a full day.

Whoever talked here into the decision she made was wrong.

Sally Yates was wrong and should have resigned since she felt she could not perform the job she was placed and accepted.

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Alan M. Dershowitz

Sally Yates is neither a hero, nor a villain. She made an honest mistake when she instructed the entire Justice Department not to defend President Trump’s wrong-headed executive order on immigration. The reasons she gave in her letter referred to matters beyond the scope of the attorney general. She criticized the order on policy grounds and said that it was not “right.”

(We have to understand Dershowitz is Jewish and 71% of them voted for Hillary Clinton.  His using the word, wrong-headed, in the last paragraph is disagreeable to me. It besieges me why Dershowitz and Jews voted for the Democrats since the Dem’s hate the Jew’s – look at how Obama treated Israel’s Prime Minister.  I would like for Dershowitz to explain why Jew’s vote for Democrats no matter what.  Obama threw them under the bus. They need to be careful because for me I am getting to where I am not wanting to support the Jews because they are not helping the Republicans and in Europe they definitely are not supporting the Jewish people.)

She also referred to its possibly being unconstitutional and unlawful. Had she stuck to the latter two criteria she would have been on more solid ground, although perhaps wrong on the merits. But by interjecting issues of policy and directing the Justice Department not to defend any aspect of the order, she overstepped her bounds.

An attorney general, like any citizen, has the right to disagree with a presidential order, but unless it is clear that the order is unlawful, she has no authority to order the Justice Department to refuse to enforce it. This order is multifaceted and complex. It raises serious constitutional and legal issues that deserved nuanced and calibrated consideration from the nation’s highest law officer.

There are significant differences between the constitutional status of green card holders on the one hand, and potential visitors from another country who are seeking visas. Moreover, there are statutory issues in addition to constitutional ones. A blanket order to refuse to defend any part of the statute is overkill. If she strongly disagreed with the policies underlying the order, she should have resigned in protest, and left it to others within the Justice Department to defend those parts of the order that are legally defensible.

I, too, disagree, with the policy underlying the order, but I don’t immediately assume that any policy with which I disagree is automatically unconstitutional or unlawful.

The president has considerable constitutional authority to control entry into the United States by non-citizens and non-residents. Congress, too, has some degree of control over our borders. The precise relationship between presidential and congressional power has never been defined by the Supreme Court. A responsible attorney general would seek to analyze these complex issues before jumping into the political fire with a blanket refusal to defend any part of the order.

In addition to failing to do her duty as attorney general, Sally Yates handed President Trump an underserved political victory. She gave him the power to control the situation by firing her, instead of herself maintaining control by resigning in protest. It is the president who emerges from this unnecessary confrontation with the undeserved status of hero among his constituents.

I do not know Sally Yates except by reputation. She is highly regarded as a career prosecutor and public servant. My criticism of her is not personal, but rather institutional. These are dangerous and delicate times, and anyone who wants to confront the newly elected president must do so with wisdom, nuance and calibration. She played directly into his hands by responding to an overbroad order with overbroad response.

President Trump has now appointed a new acting attorney general who will defend the order, or at least those parts of it that are legally defensible. Any individual Justice Department official who feels uncomfortable defending this controversial order should be given the freedom by the department to decline to participate in the case.

There are plenty of good lawyers in the department who would have no hesitation standing up in the courtroom and making the best ethically permissible argument in defense of the order. I have had many experiences with Justice Department lawyers who personally disagreed with the prosecutorial decision in particular cases, but who vigorously defended the government’s position.

Sally Yates did what she thought was right. In my view she was wrong. She should neither be lionized nor accused of betrayal. Nor should President Trump’s critics, and I include myself among them, accuse him of doing anything even remotely close to President Nixon’s infamous “Saturday Night Massacre.” Nixon fired the very officials who were seeking to prosecute him. That constituted a personal and unethical conflict of interest. President Trump fired Yates over policy differences. It may have been unwise for him to do so, but it was clearly within his authority.

Now we will see our adversarial system at work. Excellent and dedicated lawyers will continue to bring challenges throughout the country against this ill-advised executive order. Other excellent lawyers will defend the order vigorously in court. Ultimately the issue may come to the Supreme Court, with or without a full complement of justices. That is the way our system of checks and balances is supposed to work.

kommonsentsjane

 

About kommonsentsjane

Enjoys sports and all kinds of music, especially dance music. Playing the keyboard and piano are favorites. Family and friends are very important.
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