Trump Fires Acting Attorney General

Steven D. Schwinn, John Marshall Law School

Here's the NYT report on this unprecedented move.

President Trump fired Acting AG Yates for declining to defend his EO on immigration. The move is stunning, because the DOJ has by tradition enjoyed political independence from the White House. (The White House could have hired private counsel to defend the EO. Congress did just that to defend the DOMA in Windsor after DOJ declined.)

The White House released a statement that said Yates "betrayed the Department of Justice by refusing to enforce a legal order designed to protect the citizens of the United States. . . . Ms. Yates is an Obama Administration appointee who is weak on borders and very weak on illegal immigration."

The White House has maintained that the EO was cleared ("as to form and legality") by the Office of Legal Counsel at DOJ. So far, OLC hasn't posted anything.