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elleng

(130,130 posts)
Mon Jan 30, 2017, 08:47 PM Jan 2017

Letter From Sally Yates, Acting Attorney General of the United States

'On January 27, 2017, the President signed an Executive Order regarding immigrants and refugees from certain Muslim-majority countries. The order has now been challenged in a number of jurisdictions. As the Acting Attorney General, it is my ultimate responsibility to determine the position of the Department of Justice in these actions.

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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Letter From Sally Yates, Acting Attorney General of the United States (Original Post) elleng Jan 2017 OP
Trump will fire her. herding cats Jan 2017 #1
Talk about a resume builder. Tinker Trebucet Jan 2017 #4
Saturday Night Massacre coming up... DeminPennswoods Jan 2017 #2
Wow. That took courage. She'll be fired of course. Tatiana Jan 2017 #3
Chris Hayes is reading it now malaise Jan 2017 #5
K&R... spanone Jan 2017 #6
And... apparently they've fired her. n/t Tatiana Jan 2017 #7

Tatiana

(14,167 posts)
3. Wow. That took courage. She'll be fired of course.
Mon Jan 30, 2017, 08:57 PM
Jan 2017

Perhaps not right away, to keep up appearances. But later, when they feel like things have simmered down, she'll be let go.

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