Monday, January 30, 2017

[U] Breaking News (NY Times): The DoJ's Acting Attorney General Will NOT Defend 45's "Muslim Ban" Executive Order

UPDATED @ 9:45 PM EST: Of course she well-knew this would happen, at the very moment she sent the letter -- and now 45 has fired Sally Q. Yates, a very able US Attorney. In addition, a very cogent facial challenge (35 page PDF file of that complaint) of the "Muslim Ban" has been filed in federal court, in Virginia by CAIR. It seeks an order declaring the measure invalid on its face. And that suit may well prevail. [End, updated portion.]

The only DoJ official remaining with the power to sign electronic eavesdropping warrants just said she is not convinced the "Muslim Ban" Executive Order is lawful. [I should note that she will be picked up by a blue-chip law firm -- in a few days, now.]

She has instructed all US Attorneys not to defend it, in court. This is a death-knell, but she is willing to step in front of Trump's cannons. She will soon be replaced by Jeff Sessions, but in the mean time, all these people being held may well now have to be released. There will be no one who will defend this likely unconstitutional order, for Mr. Trump, in court. DJT 45 has just seen the loyal defenders of our Constitution rise, almost as one. He plainly had no idea how badly he missed the mark here (nor did Mr. Bannon) -- but now they both do know, quite well. Here's a bit from the Gray Lady:

. . . .“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. . . .”

This is what a principled system of ordered liberty looks like, Mr. Trump. [And that is one fine young patriot, depicted with her -- at right, in a satire of what he called "the Big Cheeto." He spelled it "Cheat-oh," though on the reverse of that tin pan sign. I took the picture at last Saturday's march in Chicago -- he was but one of 250,000 people.] Smile.


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