Tuesday, January 31, 2017

Acting AG’s Showboating a Fitting End to the Obama Era

"Acting US Attorney General Sally Yates, an Obama appointee, ordered the Department of Justice not to defend President Trump’s executive order on immigration.  I couldn’t think of a more fitting capstone to the Obama record on Justice than its showboating on the immigration order. The legal arguments weigh strongly in favor of the administration, and the Justice Department has a legal obligation to defend it. It can only refuse if there are no reasonable grounds on which to defend or the Justice Department has come to the conclusion that the law is unconstitutional, which it could only do it if disregarded existing statutes and case law. 

Once again the Obama Justice Department has put its left-wing politics before its legal duties. On the other hand, this is meaningless showboating. Attorney General Sessions will be confirmed soon, and on day one he will direct DOJ attorneys to defend the order. But I couldn’t think of a more fitting end to the Obama Justice Department then President Trump calling Sally Yates, and say: “you’re fired." - John Yoo


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