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18 years in Wall Street, left after finding out it was all horseshit. Founder/ Master and Commander: iBankCoin, finance news and commentary from the future.
Joined Nov 10, 2007
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Obama’s Holdover Acting AG Orders DOJ Not to Defend Trump’s Refugee Ban

Because the democrats are obstructing to approve Trump’s AG pick, Sentator Jeff Sessions, he is stuck is an Obama holdover named Sally Yates. Some are calling her actions a mutiny, I view them more of an act in childish stupidity, as she’s well aware that whatever actions she takes now are both fleeting and irrelevant — since she will be replaced shortly.

In a statement issued today, much to the delight of the leftist press, Ms. Yates ordered the Department of Justice to ignore the wishes of the President of the United States.

Source: NYT

“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,” Ms. Yates wrote in a letter to Justice Department lawyers. “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.”

The decision is largely symbolic — Mr. Trump’s nominee to be attorney general, Senator Jeff Sessions, is likely to be confirmed soon — but it highlights the deep divide at the Justice Department and elsewhere in the government over Mr. Trump’s order.

Mr. Trump has the authority to fire Ms. Yates, but as the top Senate-confirmed official at the Justice Department, she is the only one authorized to sign foreign surveillance warrants, an essential function at the department.

“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,” she wrote.

Here is her statement.

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.

The Donald doesn’t approve of this type of fuckery.

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10 comments

  1. stockslueth

    Trump has gone from 9D Chess to Checkers in a NY minute.

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  2. joshua

    Politicians playing politics, shocking. I’d be more concerned that my White House communications director is retweeting onion articles because he doesn’t realize it’s a parody site.

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  3. mx2101

    Conservative or liberal, a President or Congressional voting majority should be able to execute their agenda reasonably*. The country needs to move in response to voters, it’s healthy.

    Partisan obstruction like a blood fight by gang members does not help the country.

    * There’s a difference between professional “sportsman like” opposition, and that which harms the country by obstructing the will of those who voted.

    Then again, maybe the behavior in DC is a reflection of the kind of people we are. Might be; considering things you see out in everyday life.

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    • derp

      DC is entrenched libtard grand central station. 24/7/365 libtard navel gazing circle jerk. They endlessly congratulate themselves on how awesomely enlightened they are while they suck at the tit of big government. Goddamn retard bureaucrats and imbecile think tank shit heads who don’t have the mental capacity to function in a real world environment. Inside the beltway is just a sandbox for these retards to play in. Ironically they are filled with self loathing. They have nowhere else to go. Do you think if they could be on Wall Street or in Silicon Valley they wouldn’t be there already?

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  4. doughjadank

    “as she’s well aware that whatever actions she takes now are both fleeting and irrelevant”

    Isn’t this the liberal way?

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  5. mistermoe

    She was fired by Senor Trumpito.

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  6. awanka

    Retribution was swift and final.

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