Alan Dershowitz on Yates: “Clearly overstepped her bounds.”
Dershowitz: “Sally Yates set out to be fired. I think she was wanting to be a holdover hero. … In doing that she, I think, clearly overstepped her bounds. She has no right to refuse to enforce the law because she disagrees with the policy.”
Georgetown Law Prof Jonathan Turley: Trump’s Immigration Ban Constitutional, Admin ‘Absolutely’ Had Right to Fire AG
Jonathan Turley, a law professor at George Washington University, said Tuesday that President Trump’s travel ban on refugees and citizens from terror-prone countries is constitutional, adding that the White House “absolutely” had the right to fire acting Attorney General Sally Yates the prior night. Turley appeared on MSNBC’s “Morning Joe,” where co-host Joe Scarborough asked the professor, “Did the White House, did the administration have a right to replace an acting Justice Department official that would not enact their order?” “They absolutely had that right,” Turley responded. “There is no question at all about that.” … Turley explained that he believes the executive order banning travel is constitutional. “On the constitutional basis the law favors Trump on the constitutionality,” he said. … “This is the same Justice Department that just last year was defending President Obama in arguing for unilateral authority, saying that judges should not second guess the president on immigration,” Turley said. He then listed other examples of the Justice Department defending the White House. “The whole letter was rather curious as you say, and yes, he had the right to fire her,” Turley concluded.
Ex-AG Gonzales: ‘It Would Have Been Appropriate for Sally Yates to…Resign’
Typically, Gonzales explained, OLC would discuss a controversial order with the head of the Justice Department. “But once an attorney general has an issue with an order from the White House, there should have been discussions between the attorney general and the White House counsel and the chief of staff and then, ultimately, the president of the United States, to advise the White House that she had serious concerns. “And at that point, if the White House says we still want to move forward, I think it would have been appropriate for Sally Yates to then resign as opposed to sending out a blanket order to Department of Justice lawyers that they’re not going to defend this executive order.”
Former Deputy AG George Terwilliger on Yates: “Foolish, naked political move.”
George J. Terwilliger III, a deputy attorney general in the George H.W. Bush administration, said Yates’s memo was a “foolish, naked political move by what appears to be an ambitious holdover official” that would only create “unnecessary disorder.” – Washington Post, 1/30/17.,