Apparently, Brian Fallon didn’t get beat up enough during the election when his candidate, Hillary Clinton, snatched defeat from the jaws of victory. After defending the worst presidential candidate in recent history, Fallon has decided that he’d like to match constitutional wits with Alan Dershowitz. Fallon wrote this op-ed to spin the Democrats’ BS that President Trump’s firing of an insubordinate acting AG was scandalous.
Fallon’s lightweight arguments aren’t persuasive. In the op-ed, Fallon said “It is an entirely appropriate exercise of the attorney general’s authority to determine whether, and how, to defend a president’s executive orders in the face of legal challenge. In this case, while Trump’s executive order may avoid explicit mention of banning Muslims or assigning preference to Christian refugees, the order will certainly have that discriminatory effect.”
Meanwhile, Prof. Dershowitz wrote that “Sally Yates is neither a hero, nor a villain. She made an honest mistake when she instructed the entire Justice Department not to defend President Trump’s wrong-headed executive order on immigration. The reasons she gave in her letter referred to matters beyond the scope of the attorney general. She criticized the order on policy grounds and said that it was not ‘right.'”
Firing Sally Yates wasn’t just proper. It was essential. She disagreed with President Trump’s policy. Prof. Dershowitz said that that’s wrong:
There are significant differences between the constitutional status of green card holders on the one hand, and potential visitors from another country who are seeking visas. Moreover, there are statutory issues in addition to constitutional ones. A blanket order to refuse to defend any part of the statute is overkill.
If she strongly disagreed with the policies underlying the order, she should have resigned in protest, and left it to others within the Justice Department to defend those parts of the order that are legally defensible.That’s what happens when you send a boy king to do a man’s job.