Removal of acting attorney general a worrisome development
This week, most of our news notifications dealt with President Donald Trump and the controversial actions he has taken during his first couple of weeks in office. On Jan. 30, Trump fired Acting Attorney General Sally Yates because she refused to defend his new immigration policies dealing with the temporary ban on travelers from seven majority-Muslim nations.
Trump chose to replace her with Dana Boente, the U.S. attorney for the Eastern District of Virginia.
The abruptness of this change made it seem as if Trump needs to have a cabinet filled with members who agree with him on everything and at all times. Unfortunately, this kind of setup is not democratic, making his move somewhat childish.
Yates graduated magna cum laude from the University of Georgia and practiced law throughout her career. She first served as a U.S. attorney starting in March 2010, before serving as U.S. Attorney General beginning in May 2015, both positions appointed by former President Barack Obama.
Yates had been asked by the Trump administration to remain as the Attorney General during the transitional period until Trump’s designee, Sen. Jeff Sessions, could take over.
She was fired on Jan. 30, via a hand-delivered letter by the administration. This occurred after she instructed the Department of Justice (DOJ) not to defend an executive order barring immigrants from entering the country. A statement from the White House claims she “betrayed the Department of Justice” and that Yates is “an Obama Administration appointee who is weak on borders and very weak on immigration.”
Yet, the reason behind her actions is not due to her personal opinion on borders and immigration; instead, her actions are due to her understanding of the constitution and what she believes is legally defensible. She was put in a position where she would either have to act upon something unconstitutional or disobey the orders from the president.
She chose to defend the constitution, which some have said was “an act of courage.” Not only was it truly an act of courage but also an act defending the rights of humans, not just Americans.
Others, such as Sen. Ted Cruz, have argued that “President Trump was exactly right to fire an acting attorney general who refused to carry out her constitutional duty to enforce and defend the law.” Yates herself says that the attorney general “has an obligation to follow the law and the Constitution and to give independent legal advice to the president.”
In this situation though, instead of providing advice to the president, she simply directed her lawyers not to defend the orders. Though this was likely due to the time available, she should have made the time to discuss the situation with the president, or at least requested it.
Dana Boente, who has worked in the Department of Justice for over three decades, was sworn in Monday night, saying he was “honored to serve President Trump in this role until Sen. Sessions is confirmed” and that he “will defend and enforce the laws of our country to ensure that our people and our nation are protected.”
A former assistant U.S. attorney, Gene Rossi, stated, “If he thought that the executive order was illegal, I doubt very seriously he would have taken the position of acting attorney general.” Even though Boente has decades of political experience, it is troublesome that he jumped in for such a position; if Boente had agreed with Yates, he certainly would have rejected the offer.
But in any case, Trump must believe that the new attorney general will do whatever is in the best interest of the presidency.
Although there is some uncertainty in Trump’s motives of appointing Boente, the Senate Judiciary Committee recently approved the nomination of Sessions, who will take on the position of attorney general in the near future.