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Re:Trump Fires Acting Attorney General by nkurz on Tuesday January 31, 2017 @04:45PM (#13535545)
So tell me this: what should she have done if she believed the EO, as applied, would be unconstitutional?

You ask a reasonable hypothetical, but I don't think it matches the circumstances here. If Yates felt that she could not in good faith enforce the order because it was unconstitutional, I think she would have been very clear about this in her memo: https://www.nytimes.com/interactive/2017/01/30/us/document-L...

Instead, while not ruling out unconstitutionality, she pointed to the "broader" responsibility she feels the leader of the Department of Justice should have. I thought she said quite clearly (for a lawyer) that although she was uncertain whether the order was legal, her refusal was because she judged the order to be unjust and unwise. Personally, I greatly respect her differentiation between "constitutional" and "right".

Re:Trump Fires Acting Attorney General by pm90 on Tuesday January 31, 2017 @06:00PM (#13536257)
> Personally, I greatly respect her differentiation between "constitutional" and "right".

Very good point. I hate that it can be taken as taking a political stand whereas it appears to be more of a humanitarian one.