Acting Attorney General Yates Refuses to defend President Trumps Executive Order because she was not persuaded it was lawful Trump later fires her apparently the first time since Richard Nixons Saturday Night Massacre ID: 811746
Download The PPT/PDF document "Is Acting Attorney General Sally Yates S..." is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
Is Acting Attorney General Sally Yates Subject to Discipline?
Slide2Acting Attorney General Yates
Refuses to defend President Trump’s Executive Order because she was not persuaded it was lawful.
Trump later fires her
–
apparently the first time since Richard Nixon’s Saturday Night Massacre.
Slide3Who was her client?
Slide4Do the Rules
generally
obligate
lawyers to follow client instructions on goals?
Rule 1.2 (a)
Slide5What if the lawyer believes the instruction is unlawful?
Rule 3.1
Rule 1.2 (d)
Slide6Does Yates make an argument under Rules 3.1 or 1.2(d)?
From the Acting Attorney General’s Letter:
DOJ Civil Division lawyers are charged with advancing reasonable legal arguments that can be made supporting an Executive Order. But my role as leader of this institution is different and broader. 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. In addition, 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.
Slide7Could she advise the President she believes the Executive Order should not be defended?
Rule 2.1
Slide8Could she withdraw from
defending the Executive Order in Court
?
Rule 1.16
Slide9Does the lawyer’s role permit her to follow her conscience?
Conscience
?
Modern
dominant
conception
Traditional
conception
Slide10Is the Attorney General Different?
Who is the client?
President
The Law
The Public Good
One Senator’s View
Slide11Is Acting Attorney General Yates subject to discipline?