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brooklynite

(94,581 posts)
Mon Jan 30, 2017, 07:33 PM Jan 2017

First on CNN: Justice Department will not defend executive order on travel restrictions

Source: CNN

The acting Attorney General Sally Yates has told Justice Department lawyers not to make legal arguments defending President Donald Trump's executive order on immigration and refugees, according to sources familiar with the order.

Yates, an Obama appointee who is serving until Trump attorney general nominee Jeff Sessions is confirmed, does not believe the substance of the order is lawful, according to the sources.

Her order is enforced only until she leaves office.

Currently, there are cases filed in at least five states including Virginia, New York, Massachusetts, Washington and California that are challenging Trump's order.

Read more: http://www.cnn.com/2017/01/30/politics/donald-trump-immigration-order-department-of-justice/

47 replies = new reply since forum marked as read
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First on CNN: Justice Department will not defend executive order on travel restrictions (Original Post) brooklynite Jan 2017 OP
Talk about going out in a blaze of glory nt geek tragedy Jan 2017 #1
No retreat, no surrender. Better to burn out than to fade away. WheelWalker Jan 2017 #5
Yeah baby!!!! DK504 Jan 2017 #15
All the more reason to confirm Sessions NEVER Eliot Rosewater Jan 2017 #2
This, this, thisity-this-this-this!! politicat Jan 2017 #29
A big FU to Dump. SHRED Jan 2017 #3
Just got a NYT breaking banner BumRushDaShow Jan 2017 #4
Why do I see a "Saturday Night Massacre" coming up? brooklynite Jan 2017 #6
Only the AG can sign FISA warrants fountainofyouth Jan 2017 #11
So he goes down the list till he finds someone who'll obey him... brooklynite Jan 2017 #26
It's even better than that Uponthegears Jan 2017 #30
Really? fountainofyouth Jan 2017 #31
Nope Uponthegears Jan 2017 #32
Section 1804 (a) Uponthegears Jan 2017 #33
I hope so. mobeau69 Jan 2017 #14
Sally Yates will be our last Attorney General for a while. tenorly Jan 2017 #7
Sadly true. nt Sunny05 Jan 2017 #8
K&R! nt Sunny05 Jan 2017 #9
Put your flamesuits on everyone!!!! The Tweeting Toddler Temper Tantrum adigal Jan 2017 #10
Idiot, should have waited until his cabinet was in place grantcart Jan 2017 #12
????? Maybe you want to reread the article? nt msanthrope Jan 2017 #16
No I read it right. He tried to radically change 50 years grantcart Jan 2017 #27
Yup, but that's by design. It's Bannon's chaos plan to tear down the government from the inside. Bernardo de La Paz Jan 2017 #39
There is intelligent chaos and bath shit chaos. grantcart Jan 2017 #42
Yes, but it still suits Bannon to a T and fits his & Putin's scheme Bernardo de La Paz Jan 2017 #43
No it doesn't because it undermines his support in Congress. grantcart Jan 2017 #44
Yes, that's the amateurish nature of Bannon-Trump. Bernardo de La Paz Jan 2017 #45
So, this doesn't stop the next AJ from defending it when he's installed. lindysalsagal Jan 2017 #13
Undercuts the next admin in court nt geek tragedy Jan 2017 #17
True but undercutting the truly indefensible like this shit that Trump just tried is fine by me. nt cstanleytech Jan 2017 #22
I fully support her doing this. FDT nt geek tragedy Jan 2017 #23
It shows that there are still people with moral courage onenote Jan 2017 #19
But only those of us who value morals will care. lindysalsagal Jan 2017 #21
But the court will make decisions and it may be too late Sanity Claws Jan 2017 #28
I Applaud Her Courage. TomCADem Jan 2017 #18
what can he do? rdking647 Jan 2017 #20
My guess is she gets fired Yupster Jan 2017 #24
GOP Will Now Oppose Her... TomCADem Jan 2017 #34
But her soul remains whole Kber Jan 2017 #36
You called it. Just fired. nolabear Jan 2017 #38
Ding ding ding AngryAmish Jan 2017 #40
For my next prediction... Yupster Jan 2017 #46
It is raining. AngryAmish Jan 2017 #47
Not defensible treestar Jan 2017 #25
If there is one thing that bureaucrats know, it's how to understand the rules. mahatmakanejeeves Jan 2017 #35
Aaaaaaaaand she's fired. nolabear Jan 2017 #37
Yates fired!!! lisvard2 Jan 2017 #41

BumRushDaShow

(129,053 posts)
4. Just got a NYT breaking banner
Mon Jan 30, 2017, 07:36 PM
Jan 2017
Acting Attorney General Orders Justice Dept. Not to Defend Refugee Ban

WASHINGTON — Acting Attorney General Sally Q. Yates, a holdover from the Obama administration, ordered the Justice Department on Monday not to defend President Trump’s executive order on immigration in court.

“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, 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.

https://www.nytimes.com/2017/01/30/us/politics/attorney-general-civil-rights-refugee.html


Get ready for a tweet-apocalypse!
 

Uponthegears

(1,499 posts)
30. It's even better than that
Mon Jan 30, 2017, 08:34 PM
Jan 2017

SHE is the ONLY Justice Department official left who can sign a request for a FISA warrent.

Until a new AG is confirmed OR she is fired and her replacement confirmed there will be no FISA warrants AT ALL.

If the Orange Pustule fires her, he strikes another blow for terrorism.

 

Uponthegears

(1,499 posts)
32. Nope
Mon Jan 30, 2017, 08:45 PM
Jan 2017

This was one of the safeguards they adopted when they re-upped FISA courts.

The only positions which can seek a FISA warrant require Senate confirmation.

Rage on Trump. You wanted to put a xenophobic racist in as AG. This is what you get.

 

Uponthegears

(1,499 posts)
33. Section 1804 (a)
Mon Jan 30, 2017, 08:54 PM
Jan 2017

Each application shall require the approval of the Attorney General based upon his finding that it satisfies the criteria and requirements of such application as set forth in this subchapter.

mobeau69

(11,144 posts)
14. I hope so.
Mon Jan 30, 2017, 07:50 PM
Jan 2017

The last one didn't work out so well for tricky dick. He had to stoop all the way down to Bork to do the dirty work.

tenorly

(2,037 posts)
7. Sally Yates will be our last Attorney General for a while.
Mon Jan 30, 2017, 07:38 PM
Jan 2017

The Justice Dept. is transitioning from Loretta Lynch to Luv-to-lynch.

grantcart

(53,061 posts)
27. No I read it right. He tried to radically change 50 years
Mon Jan 30, 2017, 08:31 PM
Jan 2017

of bipartisan consensus on refugee policy but was in such a rush that he a) couldn't coordinate it with his cabinet and b) wouldn't have people in place to defend it.

It isn't just a case of bad policy it is also a case of not being able to understand decision process and managing a complex bureaucratic community.

Of course Sessions is a racist but think about how he will be a terrible legal counsel for Trump and completely inept in forming defense strategies.

Rolling out any major policy position now is premature. First rule in a minority government is to find some policy that can broaden your base of support not to keep playing to the base.

Is it bad policy? Yes, but it's timing is idiotic.

Bernardo de La Paz

(49,002 posts)
39. Yup, but that's by design. It's Bannon's chaos plan to tear down the government from the inside.
Mon Jan 30, 2017, 10:30 PM
Jan 2017

tRump is too stupid to see much of it, and the bit he sees he has been persuaded by the real powers (Bannon & Pence) that it is consistent with how he campaigned. Unfortunately, it is consistent on the surface, but even worse in total.

tRump is just enough of a fuck-you robber baron capitalist to want to tear down a lot of government to get it out of his way.

Even tRump is getting madder (crazier) from power. He said all kinds of stuff on the campaign trail and now he realizes there are ways he did not imagine that he can be destructive and so it is going to his head.

End game for Bannon is martial law and white supremacy. He wants to fuck Jews and brown skinned people.

grantcart

(53,061 posts)
42. There is intelligent chaos and bath shit chaos.
Mon Jan 30, 2017, 10:41 PM
Jan 2017

This is batshit.

The confusion about green cards was not on purpose.

Bernardo de La Paz

(49,002 posts)
43. Yes, but it still suits Bannon to a T and fits his & Putin's scheme
Mon Jan 30, 2017, 10:46 PM
Jan 2017

They both want to create chaos in the US.

Bannon, to substitute an alt-right old-white-male supremacist regime.

Putin, to paralyze the US so that he can make moves in Europe, the Middle East and west Asia.

grantcart

(53,061 posts)
44. No it doesn't because it undermines his support in Congress.
Mon Jan 30, 2017, 11:34 PM
Jan 2017

Once they get through the cabinet they are going to face a filibuster.

I understand your argument, Bannon is an evil genius.

There is no evidence of genius here. These guys just aren't that sharp.

Bernardo de La Paz

(49,002 posts)
45. Yes, that's the amateurish nature of Bannon-Trump.
Mon Jan 30, 2017, 11:38 PM
Jan 2017

I didn't say Bannon was a genius. He's an opportunist, not a strategist.

Just like I never said George Bush II was a genius. He was an opportunist (LIHOP at most), not a strategist (MIHOP).

lindysalsagal

(20,692 posts)
13. So, this doesn't stop the next AJ from defending it when he's installed.
Mon Jan 30, 2017, 07:49 PM
Jan 2017

It really amounts to nothing. Just a slap on fRump's rump.

Sanity Claws

(21,849 posts)
28. But the court will make decisions and it may be too late
Mon Jan 30, 2017, 08:32 PM
Jan 2017

To do something latter. Can't relitigate the case at the lower court and can't raise new issues on appeal.

TomCADem

(17,387 posts)
18. I Applaud Her Courage.
Mon Jan 30, 2017, 07:54 PM
Jan 2017

Trump is ruthless in attacking its critics and threatening retaliation, so she is going to be in for a tough time.

Yupster

(14,308 posts)
46. For my next prediction...
Tue Jan 31, 2017, 02:31 AM
Jan 2017

The Dems filibuster the SC nominee.

The Repubs put pressure on Red State Dems for a few months.

McConnell announces with sorrow that he'll have to end the filibuster.

The nominee gets through and both sides are happy that their team fought.

mahatmakanejeeves

(57,461 posts)
35. If there is one thing that bureaucrats know, it's how to understand the rules.
Mon Jan 30, 2017, 09:01 PM
Jan 2017

I mean that in a good way, because I'm a bureaucrat.

I love it. Trump is bound up in red tape.

Welcome to the bureaucracy. This is no place for amateurs.

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