3 ms·
You're going all over the place here. I understand your opinion that Mr. Trump's EO is illegal. That's fine, but it's not relevant, unless you're a federal judg
by cookiecaper 10y ago
You're going all over the place here. I understand your opinion that Mr. Trump's EO is illegal. That's fine, but it's not relevant, unless you're a federal judge who likes to post on HN in his free time? And even then, it's irrelevant until this case comes before the bench and gets a fair hearing.
In the Saturday Night Massacre, the two AGs in question did resign rather than carry out Mr. Nixon's order. They didn't claim a fundamental constitutional conflict that would justify defiance; rather, they claimed personal reservations and recognized that those reservations made it impossible to observe the established chain of command, so they stepped aside.
The issue here is whether it's appropriate for the acting AG to hijack the DoJ based on their private opinion on matters of nuanced legal interpretation, of which reasonable people can be on either side, and which have not yet been given a fair hearing in a court of law. That is absolutely not the convention and the oath of office does not require it (and indeed, Ms. Yates does not claim it does). Until such time as the constitutional violation becomes blatant, the DoJ has a constitutional obligation to serve the people's elected chief executive.
Ms. Yates was actively involved in blocking such fair hearings based on nothing but her personal proclivities. Following the precedent of SNM, she should've resigned over personal reservations. In this instance, there is no justification for defiance.
Ms. Yates's behavior looks very questionable and unprofessional to me. She stayed on board for Obama's EOs, which everyone knew were illegal at the time of signing, and was happy to allow the judiciary to make its call there, but is not willing to do so in Mr. Trump's case, where the legal justification appears much more sound.