Trump fires defiant acting attorney general
The Obama administration official serving as acting chief had instructed lawyers there not to defend President Trump's executive order.
By JOSH GERSTEIN 01/30/17 06:58 PM EST Updated 01/30/17 10:00 PM EST

President Donald Trump fired the nation's acting attorney general Monday night after she refused to defend an executive order he issued last week restricting immigration in the name of national security.

In an act of high political drama just 10 days after taking office, Trump replaced Obama administration appointee Sally Yates with the U.S. Attorney in Alexandria, Va., Dana Boente.

"The acting Attorney General, Sally Yates, has betrayed the Department of Justice by refusing to enforce a legal order designed to protect the citizens of the United States. This order was approved as to form and legality by the Department of Justice Office of Legal Counsel," a White House statement said. "Ms. Yates is an Obama Administration appointee who is weak on borders and very weak on illegal immigration."

Yates could not be reached for comment on Trump's attack, but a person close to her called the criticism from the White House absurd.

"That's preposterous. Everyone knows she's a career prosecutor for nearly three decades, well-respected by serious members of both parties," said the Yates associate, who asked not to be named. "That dog won't hunt."

A Trump aide accused Yates of seeking attention.

"She knew what she was doing and she knew she'd be fired. She just wanted the publicity," said the aide, who spoke on condition of anonymity.

Yates, who was the No. 2 official at the department before Trump's swearing-in and has been running the department since that time at Trump's request, sent a memo Monday saying she doubts the wisdom and the legality of the directive blocking immigration from seven majority-Muslim countries.

"My responsibility is to ensure that the position of the Department of Justice is not only legally defensible, but is informed by our best view of what the law is after consideration of all the facts. In addition, I am responsible for ensuring that the positions we take in court remain consistent with this institution’s solemn obligation to always seek justice and stand for what is right," Yates wrote in a memo released by the department earlier Monday.

"At present, I am not convinced that the defense of the Executive Order is consistent with these responsibilities, nor am I convinced that the Executive Order is lawful," the acting Justice Department head said. "For as long as I am the Acting Attorney General, the Department of Justice will not present arguments in defense of the Executive Order, unless and until I become convinced that it is appropriate to do so."