USA TODAY US Edition

Trump fires acting attorney general

Obama holdover refused to defend refugee ban in court

- Kevin Johnson, Gregory Korte and Alan Gomez

President Trump fired Acting Attorney General Sally Yates Monday night after the Obama holdover refused to defend his controvers­ial refugee ban in court.

Yates said Monday that she will not defend in court the president’s executive order that suspends immigratio­n from seven majority-Muslim countries. Three hours later, the White House announced that she had been relieved of her duties.

“Ms. Yates is an Obama administra­tion appointee who is weak on borders and very weak on illegal immigratio­n,” said a statement from the White House that appeared to be in Trump’s own voice.

Trump appointed Dana Boente, the U.S. Attorney for the Eastern District of Virginia, to serve as acting attorney general until his nominee, Sen. Jeff Sessions, can be confirmed by the Senate. The Senate Judiciary Committee has scheduled a Tuesday vote on Sessions, who has closely advised Trump on immigratio­n matters.

Yates was deputy attorney general under President Obama and has been serving as acting acting attorney general since Loretta Lynch resigned on Inaugurati­on Day.

“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,” said Yates in a letter to Justice Department attorneys. “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.

“Consequent­ly, for as long as I am the acting attorney general, the Department of Justice will not present arguments in defense of the executive order, unless and until I become convinced that it is appropriat­e to do so,” wrote Yates, a holdover from the Obama administra­tion.

Senate Democrats have objected to Sessions’ nomination, and Minority Leader Charles

Schumer, D-N.Y., said Monday on CNN that Sessions should have to disclose his opinion of Trump’s immigratio­n order before the Senate votes on his nomination.

Trump responded to Yates via Twitter, characteri­zing the action as a “political” move to block his agenda.

“Democrats are delaying my cabinet picks for purely political reasons,” Trump tweeted. “They have nothing going but to obstruct. Now have an Obama A.G.”

Trump adviser Stephen Miller told MSNBC Monday that Yates’ decision is “a further demonstrat­ion of how politicize­d our legal system has become,” so much so that “you have people refusing to enforce our laws.” Miller said the president clearly has the legal authority to bar people from entry into the country for national security reasons.

But former Obama Attorney General Eric Holder tweeted late Monday that Yates’ “judgement should be trusted.”

Trump’s executive order had been reviewed by the Justice De- partment Office of Legal Counsel before it was issued Friday. The OLC, whose authority narrowly addresses the form and whether the order is properly drafted, approved the order.

But the OLC “did not address whether any policy choice embodied in an executive order is wise or just,” Yates wrote. “My responsibi­lity is to ensure that the position of the Department of Justice is not only legally defensible, but is informed by our best view of what the law is after considerat­ion of all the facts.”

Yates’ order follows a chaotic weekend where lawyers flooded courtrooms to try and halt the deportatio­n of people who had arrived after Trump signed his executive order. A federal judge in New York issued an emergency, nationwide stay late Saturday barring the federal government from any more deportatio­ns.

Immigratio­n advocacy groups have started filing broader lawsuits challengin­g the overall legality of Trump’s order.

A group of Michigan immigrants filed a suit in federal court in Virginia on Monday challengin­g the order on religious grounds. That suit claims Trump’s order discrimina­tes against Muslims and violates constituti­onal protection­s for the free exercise of religion.

A separate lawsuit filed in federal court in Seattle on Monday claims that Trump’s order violates a federal law that prohibits discrimina­tion against immigrants based on their country of origin. That lawsuit was filed on behalf of U.S.-based parents trying to reunite with their children in Somalia, Syria and Yemen.

Matt Adams, legal director of the Northwest Immigrant Rights Project and one of the attorneys in the suit, acknowledg­ed that a president had broad powers to oversee the nation’s immigratio­n system. Federal law allows a president to bar entry to any immigrant, or entire classes of immigrants, if the president deems them “detrimenta­l to the interests of the United States.”

But the lawsuit claims that Trump oversteppe­d his legal authority by temporaril­y suspending all immigratio­n from seven entire countries. It points to the Immigratio­n and Nationalit­y Act of 1965, which forbids discrimina­tion based on a person’s nationalit­y or country of origin.

“While the president has certain powers, he doesn’t have power to defy this clause,” Adams said.

Democrats in Congress have offered legislatio­n to overturn Trump’s order, but they have not gathered any Republican support. Democrats staged a protest on the steps of the Supreme Court Monday evening to rail against the executive order.

“For as long as I am the acting attorney general, the Department of Justice will not present arguments in defense of the executive order.” Sally Yates

 ?? PETE MAROVICH, GETTY IMAGES ?? Sally Yates said she would not defend President Trump’s immigratio­n order in court.
PETE MAROVICH, GETTY IMAGES Sally Yates said she would not defend President Trump’s immigratio­n order in court.

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