Second, the president did not order his principal officer to violate the law. Yates acknowledged that there was a credible argument that the executive order was constitutional—she said only that she was not convinced by the OLC’s determination that it was lawful, hinting at the president’s campaign-trail calls for a “Muslim ban.” But many laws of dubious constitutionality are routinely, and zealously, defended in court by the Justice Department. Her objection, instead, was that the order was unwise or unjust. These may be valid points for a public citizen to raise, but the attorney general has a statutory duty to “[r]epresent the United States in legal matters generally,” regardless of her personal proclivities.I'm conflicted about the wisdom of this Executive Order but only one person had the statutory duty to follow it. Now she's gone.
Extra - Lawfare: "Quick Thoughts On Sally Yates’ Unpersuasive Statement."
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