The acting Attorney General Sally Yates has told Justice Department lawyers not to make legal arguments defending President Donald Trump's executive order on immigration and refugees, according to sources familiar with the order.
The move sets up a dramatic clash between the White House and the Obama-appointed Yates.
One minor correction: the move sets up a dramatic clash between the WH and the Rule of Law.
President Donald Trump fired acting Attorney General Sally Yates Monday night for "refusing to enforce a legal order designed to protect the citizens of the United States," the White House said.
"(Yates) has betrayed the Department of Justice," the White House statement said.
Dana Boente, US attorney for the Eastern District of Virginia, has been named new acting attorney general, the White House said.
Sally Yates is the hero in this scenario:
"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," she said in a letter. "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," Yates wrote.*
And unless Dana Boente uses some fancy footwork, Boente will be playing the role of Robert Bork.
I've seen this movie, and it wasn't called "Finding Nemo." It was something about a massacre, as I recall.....
*Lawyers do have this responsibility to the law and the courts; I'd like to see Boente display the same sense of professional ethics.