Federal Government

Jeff Sessions Used To Think Sally Yates Should Ignore Presidential Orders

The hypocrisy train is leaving the station.

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jeff-sessions-lf-rfIn a completely unsurprising development, the question of whether or not a DOJ official must resist orders from the President if those orders run counter to the official’s oath to support and defend the Constitution was brought up at Sally Yates’s confirmation hearings.

Ironically, however, the question came from a deeply concerned Jeff Sessions who really had a bee in his bonnet about how critical it was for the DOJ to be prepared to defy improper directives. Like, I don’t know, defending the government’s right to violate court orders staying an executive order as likely unconstitutional. That kind of stuff.

Overnight, some enterprising souls went back to C-SPAN’s ever-expanding archive of politicians bloviating to find this gem:

Seems as though Yates did what she was supposed to, Senator.

The best part of this comic set piece is yet to come. Because, in a more rational time, Sessions has a simple, measured response to this apparent hypocrisy. He could say, “I fully endorse and applaud the Acting Attorney General for respecting the importance of adhering to her oath of office as she sees it. I, however, think she’s incorrect about the legality of the President’s position in this specific case. Nonetheless, as Attorney General I understand that my obligation is to the laws of the United States and not to the President.” That doesn’t overcome the brewing separation of powers issue, but it sounds pretty and it’s at least consistent with his past positions.

But, we’re not in a rational timeline, so I’m sure he’ll have to say something about her betraying the President or risk being fired for daring to suggest he’s not tied to the President via blood oath.

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HeadshotJoe Patrice is an editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news.

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