Sally Yates, National Hero

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Former Acting U.S. Attorney General Sally Yates is a genuine American hero. She has at least twice in the past month stood up to the president to champion the Constitution and the rule of law as well as to warn him of the treachery of one of his appointments. Was she lauded for her patriotism and insight? No: She was promptly fired and excoriated by Donald Trump for doing her job.

In the wake of Trump’s executive order banning the entry of people from seven Muslim-majority countries into the U.S., Yates wrote, “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. 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. 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.”

Also, in January, Yates warned the White House that National Security Adviser Michael Flynn was misleading others in the Trump Administration about his interactions with Russia’s ambassador to the U.S.; that he did not divulge that he had made deals with Russia promising to lift U.S. sanctions levied against them by President Obama for interfering in the U.S. presidential campaign even before Trump was elected president; and that he was highly vulnerable to blackmail by the Russian government. Recordings provided by U.S, security operatives proved that Flynn had colluded with a foreign government to undermine the strength of then-President Obama’s sanctions. That gave an enemy state an incentive to undermine a U.S. presidential election in order to prop up a friendly U.S. regime that would bow to their will, and gave them something to use against Flynn in order to blackmail him. By engaging in these conversations, Flynn broke his oath to support the Constitution of the United States. He is, quite simply, a traitor, and Sally Yates warned Trump’s White House of that weeks ago.

The Trump White House did not believe Flynn’s treachery should prompt his ouster, which implies that Trump or his advisers had already been aware of his interactions with the Russian ambassador, or that the White House supported them, or both. They did not evict Flynn from his post until news video of Vice President Mike Pence looking like he was unaware of what was going on behind his back made Pence look clueless and out of the loop. Clearly, being beholden to the Russians is no sin in their eyes, but looking weak.

Last month Yates, a holdover from the Obama administration, was abruptly dismissed by the White House after directing Justice Department lawyers not to defend the new administration’s travel ban against seven Muslim-majority countries. Why? Because she knew it was unconstitutional as written, would never hold up in court and would violate the oaths that she and the president had taken to uphold the Constitution. She was doing her job, had no choice but to oppose defending an illegal edict, and she was proved right in her assessment when the travel ban was later struck down as unconstitutional by a three-judge panel. For her efforts to do the right thing, Trump said Yates “betrayed the Department of Justice” and fired her. But Yates is exactly the sort of brave and conscientious person I want watching over my freedoms and rights and holding my government accountable.
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