Sally Yates, the acting AG, has instructed her staff to not defend President Trump’s executive order on immigration. From her statement:
“…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…”
The AG does not make law (that’s the legislative branch), nor do they act as the final interpreter of laws (that’s the judicial branch). It is the AG’s role to defend the laws of the United States (there you go: the executive branch), a role that would require her to support a lawful executive order whether or not she felt that it was the “right” thing to do. Her insistence that she alone decides which laws to support amounts to nothing more than a political attack on the Presidency.
Note, too, that she does not claim that the executive order is illegal (and the White House states that it was cleared by the Department of Justice Office of Legal Counsel), merely that she is “not convince” of it’s legality:
“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…”
Just where in the Constitution does it says that a legal order issued by the President has to be cleared by the AG? Yates’ statement was very unprofessional and politically motivated, and it is my belief that she is simply posturing for a new political position. After all, what has she got to lose? Her job? That’s gone already.
My bet is that we’ll see her name on a ballot someplace real soon….