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Trump’s Talk About Muslims Led Acting Attorney General to Defy Ban Trump’s Talk About Muslims Led Acting Attorney General to Defy Ban
(about 1 hour later)
With Republicans seething over President Barack Obama’s executive order on immigration in early 2015, Senator Jeff Sessions sharply questioned Sally Q. Yates about whether she had the independent streak needed to be the Justice Department’s second in command. As Republicans seethed over President Barack Obama’s executive order on immigration in early 2015, Senator Jeff Sessions sharply questioned Sally Q. Yates about whether she had the independent streak needed to be the Justice Department’s second in command.
Mr. Sessions, Republican of Alabama, wanted to know whether Ms. Yates, a federal prosecutor from Georgia who made her career charging domestic terrorists and white-collar criminals, would be willing to stand up to the president.Mr. Sessions, Republican of Alabama, wanted to know whether Ms. Yates, a federal prosecutor from Georgia who made her career charging domestic terrorists and white-collar criminals, would be willing to stand up to the president.
“If the views the president wants to execute are unlawful, should the attorney general or the deputy attorney general say ‘No?’ ” Mr. Sessions asked. “If the views the president wants to execute are unlawful, should the attorney general or the deputy attorney general say ‘No?’ ” Mr. Sessions asked during a confirmation hearing for Ms. Yates.
“I believe the attorney general or deputy attorney general has an obligation to follow the law and Constitution and give their independent legal advice to the president,” Ms. Yates replied.
As acting attorney general on Monday, Ms. Yates faced what she believed to be the realization of that hypothetical.As acting attorney general on Monday, Ms. Yates faced what she believed to be the realization of that hypothetical.
President Trump’s own words convinced her that his executive order on immigration was intended to single out Muslims, senior officials said. Hours after she refused to defend that order, Mr. Trump fired her.President Trump’s own words convinced her that his executive order on immigration was intended to single out Muslims, senior officials said. Hours after she refused to defend that order, Mr. Trump fired her.
Ms. Yates has become a hero to many on the left and the face of a simmering resistance inside the government to Mr. Trump’s administration. Ms. Yates, 56, a relative newcomer to Washington, has become a hero to many on the left and the face of a simmering resistance inside the government to Mr. Trump’s administration.
After receiving a hand-delivered dismissal letter, she packed up her office around midnight and left the department, a politically divisive moment in a career that until now had earned her bipartisan praise.After receiving a hand-delivered dismissal letter, she packed up her office around midnight and left the department, a politically divisive moment in a career that until now had earned her bipartisan praise.
Repeated comments from Mr. Trump and his advisers about barring Muslims from entering the United States were at the heart of her decision to refuse to defend the president’s executive order on immigration, senior officials involved said. “She will be a hero of the American people, a hero of what’s right,” Senator Johnny Isakson, Republican of Georgia, said in 2015 at her confirmation hearing. “She’ll call them like she sees them, and she will be fair, and she will be just.”
The firing capped three days of internal deliberations at the Justice Department. Like many others in the government, Ms. Yates, was caught by surprise Friday night by Mr. Trump’s executive order temporarily halting all refugees from entering the country and indefinitely blocking immigration or visits from seven Muslim countries. Now it is Democrats hailing her as a hero.
While Ms. Yates was a reliably liberal voice on issues of civil rights, criminal justice and sentencing, she worked her way up as a career prosecutor in Atlanta under political appointees from both parties. She led prosecutions against some of the city’s most high-profile defendants, including Bill Campbell, a former Democratic mayor who was accused of racketeering and tax fraud, and Eric Robert Rudolph, who set bombs at a park during the 1996 Olympic Games, a gay nightclub and two Southern abortion clinics.
She also took on the leaders of Atlanta suburb who refused to allow construction of a mosque. The Justice Department sued and the city reversed itself.
“Religious freedom requires that local government decisions impacting the exercise of that freedom be free of discrimination,” Ms. Yates said at the time.
In Washington, Ms. Yates’s outgoing personality made her a counterpoint to Attorney General Loretta E. Lynch, who is more reserved. At times, that made Ms. Yates the face of the Justice Department in ways that caused tension with the attorney general’s staff. Ms. Yates was regarded as professionally ambitious, though she has told friends that she has no interest in running for political office.
Her firing capped three days of internal deliberations at the Justice Department. Like many others in the government, Ms. Yates, was caught by surprise Friday night by Mr. Trump’s executive order temporarily stopping all refugees from entering the country and indefinitely blocking immigration or visits from seven predominantly Muslim countries.
The Justice Department’s Office of Legal Counsel had reviewed the order and signed off on its legality. But Ms. Yates and her staff lawyers believed that the department had to consider the intent of the order, which she said appeared designed to single out people based on religion.The Justice Department’s Office of Legal Counsel had reviewed the order and signed off on its legality. But Ms. Yates and her staff lawyers believed that the department had to consider the intent of the order, which she said appeared designed to single out people based on religion.
“We have comments from the president about what this is supposed to do,” Ms Yates said in one meeting on Monday, according to two people involved in the discussions. She later added, “The intent was clear from the face of it.”
Mr. Trump had campaigned on a promise to single out Muslims for immigration restrictions. One of his advisers, Rudolph W. Giuliani, the former mayor of New York, said in an interview that Mr. Trump wanted a Muslim ban but needed “the right way to do it legally.” Mr. Trump said in a later interview with the Christian Broadcasting Network that Christian refugees would be given priority for entry visas to the United States.Mr. Trump had campaigned on a promise to single out Muslims for immigration restrictions. One of his advisers, Rudolph W. Giuliani, the former mayor of New York, said in an interview that Mr. Trump wanted a Muslim ban but needed “the right way to do it legally.” Mr. Trump said in a later interview with the Christian Broadcasting Network that Christian refugees would be given priority for entry visas to the United States.
In meetings on Monday, some lawyers believed the department should defend the order, as it normally does. Others disagreed. Ms. Yates considered resigning, the officials said, but concluded that doing so would leave the decision to whomever succeeded her, even if in a temporary capacity.In meetings on Monday, some lawyers believed the department should defend the order, as it normally does. Others disagreed. Ms. Yates considered resigning, the officials said, but concluded that doing so would leave the decision to whomever succeeded her, even if in a temporary capacity.
So on Monday evening, she issued a stinging rebuke of the president and ordered government lawyers not to defend the ban in court, where it is being contested.So on Monday evening, she issued a stinging rebuke of the president and ordered government lawyers not to defend the ban in court, where it is being contested.
“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,” Ms. Yates wrote in a letter to lawyers at the Justice Department, referring to her obligations as acting attorney general.“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,” Ms. Yates wrote in a letter to lawyers at the Justice Department, referring to her obligations as acting attorney general.
Ms. Yates, who was deputy attorney general for the last year and a half of the Obama administration, was running the department temporarily until the Senate could confirm a replacement. Her order was in effect for only a matter of hours before a White House courier arrived at the Justice Department with a handwritten letter. When Ms. Yates became deputy attorney general in 2015, she told colleagues that she had no intention of merely being a caretaker. “We’re going to run through the tape,” she often said.
Ms. Yates’ departure was imminent regardless of Monday’s events. She was running the department only until the Senate confirmed a replacement. Her order was in effect for only a matter of hours before a White House courier arrived at the Justice Department with a handwritten letter.
“Dear Deputy Attorney General Yates,” the letter said. “I am informing you that the president has removed you from the office of Deputy Attorney General of the United States.” It was signed by John DeStefano, an assistant to Mr. Trump.“Dear Deputy Attorney General Yates,” the letter said. “I am informing you that the president has removed you from the office of Deputy Attorney General of the United States.” It was signed by John DeStefano, an assistant to Mr. Trump.
Democrats hailed her as a hero. But while Ms. Yates was a reliably liberal voice on issues of civil rights, criminal justice and sentencing, she spent decades working as a career prosecutor in Atlanta under administrations from both parties. She prosecuted Eric Rudolph, known as the Olympic Park bomber, and was viewed as an aggressive white-collar prosecutor. Senator Johnny Isakson, Republican of Georgia, introduced her at her confirmation hearing in 2015. That her dismissal was presaged at her confirmation hearings is even more notable because the senator encouraging her to stand up to the president is now in line to become attorney general. Mr. Sessions, an immigration hard-liner, argued that the Justice Department should have refused to support Mr. Obama’s executive order liberalizing immigration policy.
“She will be a hero of the American people, a hero of what’s right,” Mr. Isakson said at the time. “She’ll call them like she sees them, and she will be fair, and she will be just.” Ms. Yates promised that she would stand up to the president, if necessary.
At those hearings, Republicans were furious about Mr. Obama’s order liberalizing immigration policy and questioned Ms. Yates about whether she would be willing to stand up to the president, producing her pointed exchange with Mr. Sessions. Last year, Ms. Yates and Ms. Lynch earned the ire of Democrats — including many in the department — for not intervening and prohibiting the F.B.I. director, James B. Comey, from sending a letter to Congress in the final days of the presidential campaign. The letter raised the prospect of new and potentially damaging evidence against Hillary Clinton related to an investigation that had been closed. Nothing came of the new evidence, and Mrs. Clinton’s team says the letter cost her the presidency. Her supporters argued that Justice Department leaders were too timid to stand up to Mr. Comey.
“I believe the attorney general or deputy attorney general has an obligation to follow the law and Constitution and give their independent legal advice to the president,” Ms. Yates replied to the senator from Alabama.
As deputy attorney general, Ms. Yates was the department’s leading voice on issues of clemency and sentencing reform and led the push for prosecutors to bring charges against individual executives involved in corporate wrongdoing.
Ms. Yates and Attorney General Loretta E. Lynch earned the ire of Democrats — including many in the department — for not intervening and prohibiting the F.B.I. director, James B. Comey, from sending a letter to Congress in the final days of the presidential campaign. The letter raised the prospect of new and potentially damaging evidence against Hillary Clinton related to an investigation that had been closed. Nothing came of the new evidence, and Mrs. Clinton’s team says the letter cost her the presidency.
Former Attorney General Eric H. Holder Jr., a Democrat, posted a photograph of Ms. Yates on Twitter late Monday and said, “This is what skill, judgment and courage look like.”Former Attorney General Eric H. Holder Jr., a Democrat, posted a photograph of Ms. Yates on Twitter late Monday and said, “This is what skill, judgment and courage look like.”
Republicans disagreed, including George J. Terwilliger III, a former deputy attorney general who, like Ms. Yates, briefly served as acting attorney general. “In a legal dispute in our adversary system concerning an executive order, the attorney general’s and the Justice Department’s responsibility is to be an advocate for the president’s position,” he said.Republicans disagreed, including George J. Terwilliger III, a former deputy attorney general who, like Ms. Yates, briefly served as acting attorney general. “In a legal dispute in our adversary system concerning an executive order, the attorney general’s and the Justice Department’s responsibility is to be an advocate for the president’s position,” he said.
He said Ms. Yates’s actions “makes her and the Justice Department look blatantly political.”He said Ms. Yates’s actions “makes her and the Justice Department look blatantly political.”