That's for the courts to decide, if they end up hearing a case on it. And Giuliani's comments will make things far more complicated for the Trump team, bless that man and his demented (as in he is suffering from dementia) brain, he just runs at the mouth and blurts out things he probably shouldn't be saying publicly. But the Trump team keeps letting him in on insider information and letting him talk to press, so apparently they have no issues with him, for some reason.
The official statement of the OLC on whether or not they reviewed the order is "No Comment." The only other reporting is from yet another unnamed DoJ official who said the order had been given a traditional “form and legality” review, but also wouldn't say - when directly asked - whether or not it passed that review.
Yates's letter does not confirm that such a review took place, only that such reviews are narrow, nor did she write that the Civil Division could offer a credible defense in Court. She brought up the Civil Division as another group within the DoJ, relative to the OLC, that offers legal guidance. Her job is to take all of this, and more, into account and make a final determination.now lookey here
Last edited by Slybak; 2017-01-31 at 09:36 PM.
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The office of legal council certainly did say Trumps EO was legal so any argument after its legality was established is purely political. Yates had no legal basis not to defend the E.O. so her decision not to was based on her politics and she attempted to force others to adopt her same politically based decision and demanded they do the same
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The E.O. was deemed legal so she had the obligation to defend it doesn't make a dam if she liked the E.O. or not
she based her decision not to enforce a E.O. that her departments office of legal council said was legal was based on her politics not if the E.O. was lawful or not that was already established it was
So because her politics and morals kept her from doing her required job the right recourse would be to resign not to refuse to do her job and get others to do the same
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Justice Department Said Trump’s Refugee Ban Is Legal. They Didn’t Say It Was A Good Idea.
http://www.huffingtonpost.com/entry/...b0522c7d3c1006
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when the law says so. we are a nation of laws doesn't make a dam if you like the law or not you obey them till they are changed. which as citizens we have the constitutional right to petition the government to change the laws but till then you obey them
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Sally Yates, American hero.
https://twitter.com/joshrogin/status/826546412125089793
Spoiler alert Trumpkins: You don't have 1000 foreign service people.
Also Rex Tillerson is apparently in panic mode over relations between the White House and the State Department. He's trying to make all sorts of ice-breaking moves, like meeting with State Department subject-matter experts.
But then again, State has been rather emptied at the top.
A court is about to say otherwise. And newsflash, Attorneys are usually the first to suspect illegality. Judges never just open up trials on their own. The initiation process starts somewhere else. Now what will you do when the court deems it unconstitutional? Will you bite the bullet and ask for her to be reinstated, since obviously, she was right?
Somehow, I doubt that. People obediently serving a king do not question the king. They obey. That's all they're good for.
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Actually within the tradition of the US Government and US Military, the only requirement is belief. They are obligated to refuse to follow what they believe may be an unlawful order, as the Acting AG did. Of course, step two is to go through legal or administrative procedings to figure out if the order was indeed lawful or not.
But this metric you Trumpkins are a attempt to concoct to normalize something that hasn't happened since Nixon is asinine. On the battlefield, or in the government, they're not going to consult constitutional scholars. They don't have the time or the opportunity. They'll decline to obey, and let the courts sort it out, as it should be.
In any event, evidently the DoJ and State Department is near open rebellion, between the firing and Spicer's "get with the program or leave", message, so, if you want to paper over a deteriorating situation, all I can say is "good luck".