Judge Andrew Napolitano describes his feelings regarding the firing of Acting Attorney General Sally Yates, saying, “It is reprehensible that the Justice Department could be rogue. Because, who is the chief federal law enforcement officer of the land? The President of the United States, not the Attorney General. For the Justice Department to be run by a rogue Attorney General, who won’t take direction from the President is simply unacceptable.”
Napolitano says, “Donald Trump is 100% correct. Chuck Schumer’s delaying tactics, along with the other Democrats in the Senate, have deprived him of the tools that the Constitution gives him to enforce the federal law and that is an Attorney General who will run the Justice Department consistent with the President.”
“I’m beginning to think,” says Napolitano, “that all of these orders that were obtained over the weekend, staying various parts of the President’s executive order, orders obtained by judges who sat on Saturday night and Sunday morning, we done with nobody in the courtroom representing the government.”
They play a clip from two years ago when Senator Jeff Sessions questioned Yates in her confirmation hearings over just the circumstance that resulted in her firing, whether she should comply with the wishes of the president if they are unlawful. Of course the mandates of President Trump are lawful, but the situation and the persons involved are interesting.
While complimenting both the question and the answer, Judge Napolitano says she should have just resigned. He says his initial reaction when he first say the email Yates sent to the DOJ was, “He has to fire her, he has to fire her immediately. This simply cannot be tolerated, and that’s what he did.”
They also speak to a story that Justice Department attorneys reviewed the order and told the Acting AG that they were fine with it. Napolitano said he “saw that review and I saw her denigration of that review. He adds, “We have in this country what’s called the “unified executive.” Everybody in the executive branch works for the President of the United States, they don’t work for themselves. And if they can’t work for this president they should go and he’ll be happy to replace them.”
They also get into the upcoming nomination and battle over a successor to Justice Scalia on the Supreme Court.
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