10 May 2017 7:45 am
When Trump and officials are wrong, I fully concede it.Misty » 08 May 2017 3:23 pm » wrote:Clem, the White House lap dog doing his job.
Unlike you, I don't lie on behalf of those politicians I support.
And contrary to your claim, Sally Yates didn't refuse to implement Trump's EO because of its constitutionality, but because she didn't like it.
Her behavior was highly unethical, and her Congressional testimony contradicted at least one public claim she'd made.
She is a partisan political hack.
Sally Yates testified like 'Alice in Wonderland' at congressional hearing
Jonathan Turley,....
There has been considerable speculation on why Yates would engineer such a confrontation, but what is more important is her justification for ordering an entire federal department to stand down and not to assist a sitting president. Yates’ prior explanation fell considerably short of the expected basis for such a radical step. She dismissed the review of the OLC by insisting that those career lawyers only look at the face of the order and did not consider Trump’s campaign statements and his real motivations. Of course, many question the use of campaign rhetoric as a basis for reviewing an order written months later by an administration. Most notably, Yates did not conclude that the order was unconstitutional (in contradiction with her own OLC). Rather, she said that she was not convinced that the order was “wise or just” or was “lawful.” She does not explain the latter reference but then added that she was acting on her duty to “always seek justice and stand for what is right.” That is a rather ambiguous standard to support this type of obstruction of a sitting president.
It got far more “curiouser” when Yates appeared at the hearing. Senator Ted Cruz raised 8 U.S.C. Section 1182, which expressly allows a president to bar the entry of “any alien or of any class of aliens into the United States would be detrimental to the interest of the United States.” Yates responded by saying that there is also a provision enacted later that says that there can be no discrimination based on race, nationality and other criteria. However, that provision, 8 U.S.C. Section 1152 (a) (1) (A), would not impact much of the executive order since it does not on its face apply to refugees or nonimmigrant visas. Moreover, the law was later amended to exclude changes in “procedures” even for those seeking immigrant visas. Yet, Yates relied on Section 1152 and said “that's been part of the discussion with the courts, with respect to the INA.” However, that argument was rejected by some judges and was treated as limited even by those granting partial injunctions.
https://www.usatoday.com/story/opinion/ ... 101465522/