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Is Acting Attorney General Sally Yates Subject to Discipline? Is Acting Attorney General Sally Yates Subject to Discipline?

Is Acting Attorney General Sally Yates Subject to Discipline? - PowerPoint Presentation

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Uploaded On 2020-08-29

Is Acting Attorney General Sally Yates Subject to Discipline? - PPT Presentation

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

executive order rule attorney order executive attorney rule general yates acting president client justice court lawyers rules consistent follow

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Presentation Transcript

Slide1

Is Acting Attorney General Sally Yates Subject to Discipline?

Slide2

Acting 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.

Slide3

Who was her client?

Slide4

Do the Rules

generally

obligate

lawyers to follow client instructions on goals?

Rule 1.2 (a)

Slide5

What if the lawyer believes the instruction is unlawful?

Rule 3.1

Rule 1.2 (d)

Slide6

Does 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.

Slide7

Could she advise the President she believes the Executive Order should not be defended?

Rule 2.1

Slide8

Could she withdraw from

defending the Executive Order in Court

?

Rule 1.16

Slide9

Does the lawyer’s role permit her to follow her conscience?

Conscience

?

Modern

dominant

conception

Traditional

conception

Slide10

Is the Attorney General Different?

Who is the client?

President

The Law

The Public Good

One Senator’s View

Slide11

Is Acting Attorney General Yates subject to discipline?