Remember when President Barack Obama promised a “smooth transition” from his administration to that of President Donald Trump?
Just words.
After Trump signed his executive orders on immigration and border security, it took his predecessor less than a day to publicly attack the policy and to encourage the protests that ensued. And when Trump’s order was challenged in court, the Obama Department of Justice refused to defend it.
With Attorney General-designate Jeff Sessions still awaiting a confirmation vote in the Senate, which is being stalled out by Democrats, an Obama appointee was acting as attorney general. That acting attorney general, Sally Yates, issued a memorandum to the rest of the Department of Justice, declaring the department would not defend the order in court.
“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,” she wrote. “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.”
Her position didn’t hold much water. Trump’s executive order was based on 8 USC 1182(f), which has been the basis of similar executive orders issued by presidents Obama, George W. Bush, Bill Clinton, George H.W. Bush, Ronald Reagan, and Jimmy Carter.
Yates was fired Monday evening. With Sessions’ confirmation still gridlocked in the Senate, and still needing his orders defended in the federal courts, the president found a replacement in U.S. Attorney for the Eastern District of Virginia Dana Boente.
Boente is a native of Carlinville, Illinois, and a graduate of Saint Louis University. He worked in the Department of Justice under both presidents Reagan and George W. Bush. He was appointed to his current position by Obama in 2013.
Trump issued the following statement via his official Facebook account after making the move:
The acting Attorney General, Sally Yates, has betrayed the Department of Justice by refusing to enforce a legal order designed to protect the citizens of the United States. This order was approved as to form and legality by the Department of Justice Office of Legal Counsel.
Ms. Yates is an Obama administration appointee who is weak on borders and very weak on illegal immigration.
It is time to get serious about protecting our country. Calling for tougher vetting for individuals travelling from seven dangerous places is not extreme. It is reasonable and necessary to protect our country.
Tonight, President Trump relieved Ms. Yates of her duties and subsequently named Dana Boente, U.S. Attorney for the Eastern District of Virginia, to serve as Acting Attorney General until Senator Jeff Sessions is finally confirmed by the Senate, where he is being wrongly held up by Democrat senators for strictly political reasons.
“I am honored to serve President Trump in this role until Senator Sessions is confirmed,” Boente said in his own statement. “I will defend and enforce the laws of our country to ensure that our people and our nation are protected.”
It is likely another issue like this could spring up in the coming days and weeks as Democrats continue to drag out the confirmation process. As of this writing only two of the 15 Cabinet members have been confirmed, far fewer than either Obama or George W. Bush at this point in their presidencies.
In all, there are 17 heads of major government agencies still awaiting confirmation votes. Senate rules allow for up to 30 hours of debate for each confirmation. At the current pace, the confirmation process could drag out to the end of the summer.
