Sally Yates

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At present, I am not convinced that the defense of the executive order is consistent with these responsibilities of the Department of Justice, nor am I convinced that the executive order is lawful...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. For as long as I am the acting Attorney General, the Department of Justice will not present arguments in defense of th[is] executive order, unless and until I become convinced that it is appropriate to do so. [35]

In a New York Times editorial published on July 28, 2017, Yates expressed concern about Trump's political influence on the Justice Department, writing "President Trump's actions appear aimed at destroying the fundamental independence of the Justice Department. ... Its investigations and prosecutions must be conducted free from any political interference or influence. ... The very foundation of our justice system—the rule of law—depends on it." [36]

Dismissal

White House press release on the dismissal of Sally Yates Sally Yates Firing Press Release.png
White House press release on the dismissal of Sally Yates

Upon announcing her decision not to defend the order, Yates was immediately dismissed by the Trump administration via hand-delivered letter, and replaced with Dana Boente, the United States Attorney for the Eastern District of Virginia. [37] [24] After taking office, Boente ordered the Justice Department to enforce the executive order. [38]

In a White House statement, Yates was said to have "betrayed the Department of Justice by refusing to enforce a legal order designed to protect the citizens of the United States" [39] and to be "an Obama administration appointee who is weak on borders and very weak on illegal immigration." [5] [40]

Shortly thereafter, acting Immigration and Customs Enforcement director Daniel Ragsdale was demoted and replaced by Thomas Homan with Ragsdale remaining as deputy director. [5] [41] [42] [43]

Reactions

Some legal experts argued that Yates should have resigned, rather than directing the Justice Department not to defend the executive order, which Cato Institute scholar Josh Blackman called "a textbook case of insubordination". [44] A number of legal scholars praised Yates for standing up against what they perceived as an unconstitutional executive order. Many also believed the rhetoric of "betrayal" Trump used in his letter was unnecessarily incendiary. [45]

In response to her decision not to defend the order, former Attorney General Eric Holder tweeted that he trusted her judgment. [46]

Senate Minority Leader Chuck Schumer called Yates' actions "a profile in courage. It was a brave act and a right act", while Rep. John Conyers criticized the decision to fire her: "If dedicated government officials deem [Trump's] directives to be unlawful and unconstitutional, he will simply fire them as if government is a reality show." [40]

Law professor Jonathan Adler said, however, that "Yates did not claim she was convinced the order was unlawful, but only that it was not 'wise or just'" and that he was "not aware of any instance in which the Justice Department has refused to defend a presumptively lawful executive action on this basis". Adler argued that she should have resigned and publicly stated her reasons for doing so. [47] It was reported that Yates considered and opted not to resign because she did not want to leave her successor facing the same question. [5] [48]

The editors of National Review said her defiance of the executive order was "inappropriate", since Yates was unelected and "every official in the Justice Department knows, if one disagrees with the law one is called upon to apply, or the policy one is bound to enforce, one is free to resign". [49]

The New York Times and others drew comparisons to the 1973 Saturday Night Massacre, during the Watergate scandal, when Attorney General Elliot Richardson and Deputy Attorney General William Ruckelshaus both resigned after refusing to carry out President Richard Nixon's order to dismiss special prosecutor Archibald Cox. [5] By analogy, some cable networks began calling Yates' dismissal the "Monday Night Massacre". [50] [51] However, Watergate investigative journalist Carl Bernstein, speaking on CNN, rejected the comparison. "There's a big difference, because the Saturday Night Massacre was really about firing the attorney general when Nixon was the target of an investigation and was actively obstructing justice", he said. "I think the president is within his rights here to fire the attorney general, that he has that ability." [52]

Representative Jackie Speier nominated Yates for the John F. Kennedy Profile in Courage Award. [53] Georgia State Senator Elena Parent introduced a resolution commending Yates. Democratic Party operatives in Georgia began recruiting Yates to run for Governor of Georgia in the 2018 election. [54]

Testimonies

House Intelligence Committee

In March 2017, Yates was invited by the House Intelligence Committee to testify before Congress at a public hearing as part of the committee's "bipartisan, ongoing investigation into the Russian active measures campaign targeting the 2016 U.S. election". [55] [56] [57] [58] [59]

Later the same month, however, The Washington Post published documents indicating that the Trump administration had sought to block her from testifying, including letters from the Justice Department to Yates indicating that the administration considers her possible testimony on the ouster of Flynn to be barred by the presidential communications privilege or deliberative process privilege. [60]

The public hearing at which Yates had been set to testify was canceled by Chairman Devin Nunes, who said through his spokesperson that neither he nor anyone else in the committee had discussed Yates's testimony with the White House. [61] White House Press Secretary Sean Spicer called The Washington Post story "false"; said that "the White House has taken no action to prevent Sally Yates from testifying" and that the White House had given its tacit consent; and added "I hope she testifies." [62] [61]

Senate Judiciary Committee

Sally Yates
Sally Q. Yates.jpg
Acting United States Attorney General
In office
January 20, 2017 –January 30, 2017
External videos
Nuvola apps kaboodle.svg Yates testifying before the U.S. Senate Judiciary Subcommittee on Crime and Terrorism, May 8, 2017, C-SPAN

On May 8, 2017, Yates and James Clapper testified for three hours before the Senate Judiciary's Subcommittee on Crime and Terrorism over the Russian interference in the 2016 U.S. election. [63] Yates said the FBI interviewed then-National Security Advisor Michael T. Flynn on January 24, 2017. Because of that interview she made an "urgent" request to meet with White House Counsel Don McGahn. [64] She met with him on January 26 and again on January 27. [65] She informed McGahn that Flynn was "compromised" and possibly open to blackmail by the Russians. As previously reported, she told McGahn that Flynn had misled Vice President Mike Pence and other administration officials about the nature of his conversation with the Russian ambassador. [66] She said Flynn's "underlying conduct", which she could not describe due to classification, "was problematic in and of itself", adding "(i)t was a whole lot more than one White House official lying to another". [65] [64]

Post–Justice Department

After leaving the Justice Department, Yates became a lecturer at Georgetown University Law Center and returned to Atlanta as a partner at the Atlanta-based international law firm King & Spalding, where she had worked 30 years earlier. Yates' practice focuses on investigations. [67]

Yates delivered a speech as part of the 2020 Democratic National Convention. [68] On September 5, 2020, Yates was announced to be a member of the advisory council of the Biden-Harris Transition Team responsible for planning the presidential transition of Joe Biden. [69] [70] In November, Yates was named a candidate for United States Attorney General in the Biden administration; [71] however, Merrick Garland was ultimately nominated for the post instead. [72]

In October 2021, Yates was hired by the United States Soccer Federation to oversee an investigation regarding abuse claims made by players from the National Women's Soccer League, whose Commissioner Lisa Baird resigned in wake of complaints of sexual improprieties against coaches, including English coaches Paul Riley and Richie Burke. The USSF, the national governing body for the sport (which had operated the NWSL before 2020), indicated that Yates would have "full autonomy" to pursue resolution of the allegations. [73] [74] [75] The final report, issued and published in early October 2022, detailed widespread abuse, sexual coercion, and unprofessional behavior throughout the league, while noting that several teams and prominent league executives either deliberately interfered with the investigation process or refused to participate. [76]

Honors

In January 2016, Yates received Emory University School of Law's Emory Public Interest Committee (EPIC) Inspiration Award. [77] Following Yates's dismissal as Acting Attorney General, Representative Jackie Speier nominated her for the John F. Kennedy Profile in Courage Award, and Georgia State Senator Elena Parent introduced a resolution commending Yates. [53] [54] In April 2017, Yates received the Mary Church Terrell Freedom and Justice Award during the Detroit NAACP's 62nd Annual Fight for Freedom Fund Dinner. [78] [79]

In film

Holly Hunter plays Yates in the 2020 TV miniseries The Comey Rule . [80]

Personal life

Yates's husband, J. Comer Yates, is an executive director of the Atlanta Speech School and was awarded an honorary degree from Oglethorpe University in 2017. [81] In 1994 and 1996, he unsuccessfully ran for Congress as a Democrat. [82] [83] The couple has two children, [84] a daughter, Kelley Malone, and a son, James "Quill" Quillian. [85] [86]

Yates is a Democrat. [87] At the Department of Justice she served under both Democratic and Republican administrations as a career civil servant. [87] She was hired by Republican Bob Barr for her first DOJ position. [87] When appointed deputy attorney general in 2014, Yates was described as well-regarded and non-political; her appointment was praised by Georgia's two senators, both Republicans. [88] After Yates left the Justice Department, Democrats in Georgia sought to draft her as a candidate for governor in 2018; [89] she declined to run. [90]

Yates has written and spoken about suicide prevention, discussing her father's struggles with depression and his suicide in 1986. [91] [92] [93]

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References

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  42. ↑ Lavender, Paige (January 30, 2017). "Trump Fires ICE Director Daniel Ragsdale, Appoints Thomas Homan". The Huffington Post . Retrieved January 31, 2017.
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  50. ↑ Jacobs, Ben (January 30, 2017). "Monday night massacre?". The Guardian . Already commentators are comparing Sally Yates's firing to the so-called Saturday Night Massacre of 1973. However, what some cable networks are calling "the Monday night massacre" doesn't quite measure up to that notorious night in the Nixon administration.
  51. ↑ Roy, Jessica (January 30, 2017). "Why people are calling the acting attorney general's firing the 'Monday Night Massacre'". Los Angeles Times . Retrieved January 30, 2017.
  52. ↑ Zelizer, Julian (January 31, 2017). "Monday night massacre is a wake-up call to Senate Democrats". CNN . Retrieved January 31, 2017.
  53. 1 2 Amatulli, Jenna (January 31, 2017). "Sally Yates Has Been Nominated For JFK Profile In Courage Award". The Huffington Post . Retrieved February 2, 2017.
  54. 1 2 Quigley, Aidan (February 17, 2017). "Georgia Democrats try to lure Sally Yates into governor's race". Politico . Retrieved February 22, 2017.
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  61. 1 2 Aruna Viswanatha, "Trump Administration Discouraged Sally Yates Testimony: Former acting attorney general's public hearing about Russia was canceled", The Wall Street Journal (March 28, 2017).
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  64. 1 2 "Sally Yates warned White House Michael Flynn was vulnerable to Russian blackmail". 11 Alive. May 8, 2017.
  65. 1 2 Borger, Julian (May 8, 2017). "Mike Flynn at risk of Russian blackmail, Sally Yates warned White House". The Guardian. Retrieved May 9, 2017.
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  67. ↑ Horwitz, Sari (May 8, 2018). "Sally Yates returns to Atlanta-based law firm to focus on investigations". The Washington Post . Retrieved August 11, 2020.
  68. ↑ "'He's trampled the rule of law.' Former acting Atty. Gen. Sally Yates skewers Trump at the DNC". Los Angeles Times. August 18, 2020. Retrieved August 21, 2020.
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  71. ↑ "Who Are Contenders for Biden's Cabinet?". The New York Times. November 11, 2020. Retrieved November 11, 2020.
  72. ↑ Carney, Jordain (February 9, 2021). "Senate sets hearing for Garland's attorney general nomination". TheHill. Retrieved February 13, 2021.
  73. ↑ Sally Yates to investigate sexual abuse in women's soccer league, The Hill , Sarah Polus, October 3, 2021. Retrieved October 4, 2021.
  74. ↑ Fels, Sam (August 12, 2021). "Now we may know why Richie Burke is no longer coaching the Washington Spirit". Deadspin. Retrieved October 4, 2021.
  75. ↑ Grannam, Cydney (September 28, 2021). "Washington Spirit Coach Fired After Investigation Into Verbal Abuse". DCist. Archived from the original on October 3, 2021. Retrieved October 4, 2021.
  76. ↑ Draper, Kevin (October 3, 2022). "Report Details 'Systemic' Abuse of Players in Women's Soccer". The New York Times . Retrieved October 4, 2022.
  77. ↑ Greer, A. Kenyatta. "Inspiration Awards honored student, community leaders for public service" (Press release). Emory Law News Center. Retrieved May 12, 2017.
  78. ↑ "U.S. Senator Elizabeth Warren to Serve As Keynote Speaker for 62nd Annual Fight For Freedom Fund Dinner". Detroit NAACP. Retrieved May 12, 2017.
  79. ↑ Dixon, Alisha. "Detroit NAACP announces honorees and keynote speaker for the 62nd NAACP Freedom Fund Dinner". Michigan Chronicle. Archived from the original on June 19, 2018. Retrieved May 12, 2017.
  80. ↑ Otterson, Joe (October 10, 2019). "Holly Hunter to Play Sally Yates in CBS Studios' James Comey Miniseries". Variety . Retrieved October 19, 2020.
  81. ↑ Vary, Renee (May 2, 2017). "Atlanta Speech School's Comer Yates to Address Oglethorpe University 2017 Graduates" . Retrieved January 7, 2021.
  82. ↑ Bluestein, Greg (January 30, 2017). "Trump fires Sally Yates, the latest Georgian to defy him". The Atlanta Journal-Constitution . Archived from the original on January 31, 2017. Retrieved January 31, 2017.
  83. ↑ Grossman, Andrew; Barrett, Devlin (December 21, 2014). "Obama to Nominate Atlanta U.S. Attorney Yates to No. 2 Justice Department Job" . The Wall Street Journal . Retrieved January 31, 2017.
  84. ↑ Rankin, Bill (May 12, 2017). "Sally Yates: 'I did my job the best way I knew how'". The Atlanta Journal-Constitution.
  85. ↑ Morrow, Brendan (January 30, 2017). "Sally Yates: 5 Fast Facts You Need to Know". Heavy.
  86. ↑ Stracqualusi, Veronica (May 8, 2017). "Everything you need to know about Sally Yates". ABC News.
  87. 1 2 3 Interview with Sally Yates, Anderson Cooper 360° (May 16, 2017).
  88. ↑ Michael Doyle, Obama nominates Georgia attorney for No. 2 at Justice Department, McClatchy Washington Bureau (December 22, 2014).
  89. ↑ Aidan Quigley, Georgia Democrats try to lure Sally Yates into governor's race, Politico (February 17, 2017).
  90. ↑ Ryan Lizza, Preserving the Russia Investigation: A Preview of Our Interview with Sally Yates, New Yorker (May 16, 2017).
  91. ↑ Sally Yates, When darkness falls— my dad's battle with depression, CNN (June 11, 2018).
  92. ↑ Sally Yates opens up about dad's suicide, The Axe Files With David Axelrod, CNN (June 11, 2018).
  93. ↑ Henry Unger, U.S. Attorney Sally Yates: 'Nobody is a success on their own', Atlanta Journal-Constitution (September 14, 2013).
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Preceded by United States Attorney for the Northern District of Georgia
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2004		Succeeded by
Preceded by United States Attorney for the Northern District of Georgia
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Preceded by United States Deputy Attorney General
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Preceded by United States Attorney General
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Dana Boente
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