President Trump was right to fire Sally Yates. But he did it wrong.
She gave him no choice. He had to fire her. But he didn't have to fire her like this.
It didn't take long for President Donald Trump to roll out his signature line from The Apprentice after assuming office as the 45th president of the United States. In fact, it only took 10 days.
Many liberals are devolving into hysterics over Trump's firing of acting Attorney General Sally Yates. But the truth is, she gave him no choice. He had to fire her.
The way he went about it, however, was wrong.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Trump's first "you're fired" as president followed the controversial rollout of an executive order restricting entry to the U.S. for nationals from seven majority-Muslim nations over the next few months. Late Friday afternoon, Trump and his team announced an immediate halt to entry for visa holders and refugees from these nations, which the U.S. has deemed especially dangerous. Six of the seven — Iraq, Libya, Somalia, Sudan, Syria, and Yemen — are failed or failing states where terror networks occupy ground and operate with relative ease. The seventh, Iran, has long been cited as the world's largest state sponsor of terrorism. Trump's order specified a limited time frame for the suspension in order to draw up tougher vetting processes and demand that the governments of each nation provide more data on their citizens. This order comports with numerous campaign pledges made over the past two years by Trump, coming in the context of terror attacks conducted in European nations that have had large influxes of refugees from Syria, Iraq, and Libya.
That Trump planned to order these changes came as no surprise. But the implementation clearly lacked proper planning and basic communication between the White House and the various agencies involved. The immediate imposition stranded scores of travelers around the world, creating confusion in airports from New York to Turkey. The White House at first insisted that the order also barred the entry of legal permanent residents (holders of green cards), but within 48 hours had backed away from that interpretation. Meanwhile, it became apparent that Trump's advisers had not worked closely with Defense Secretary James Mattis and Homeland Security Secretary John Kelly, both of whom took steps to counter the effects of the order on Monday.
Here's where the firing comes in: Multiple lawsuits were filed in federal court to stop the enforcement of the order, generating temporary injunctions that allowed some travelers to exit airports and enter the U.S. Normally, the attorney general represents the White House in such legal actions. However, Congress has not yet confirmed Jeff Sessions for that position, so the task fell to acting Attorney General Sally Yates, a holdover from the Obama administration.
She balked.
Despite a finding by the Department of Justice's Office of Legal Counsel that Trump's order was legal and within his authority, Yates said she wasn't sure of that herself. She also wrote, in instructing her agency to refuse to represent the White House in defending the order, that the Office of Legal Counsel's ruling didn't match up with her own conclusions on "whether any policy choice embodied in an executive order is wise or just."
In other words, instead of resigning in protest over a policy she disagreed with, Yates blocked the Department of Justice from doing its job. Any president faced with that kind of insubordination would replace the subordinate. The fact that Trump fired her is hardly surprising. What else could he do?
Here's what actually is unsettling: the manner in which President Trump chose to remove Yates. Rather than just asking for her immediate resignation, Trump fired Yates while publicly accusing her of having "betrayed the Department of Justice," and of being personally "weak on borders and very weak on illegal immigration."
Trump was right to fire Yates. But he managed to make it look petty and vengeful rather than proper.
This couldn't come at a worse time for the new administration. The Senate has yet to confirm most of Trump's Cabinet, and some of the nominees are still waiting for hearings to conclude. Trump will have a Supreme Court nominee going to the Senate in the next few weeks. Democrats — and likely some Republicans — will have plenty of opportunities to embarrass the White House in these hearings, and Congress might start calling hearings on the immigration order soon independently of confirmations.
Almost none of this had to happen. Had the White House provided a short warning period — no more than a week — before implementing the order, travelers would not have gotten stuck in airports around the world and provided the media sensational optics for the temporary policy change. Had the White House worked more closely with the Departments of Defense and Homeland Security, they could have avoided the questionable decisions to include green-card holders and military interpreters as part of the travel suspension. Had the White House brought Yates into the huddle from the beginning, knowing full well that legal action would result from these changes no matter how smoothly they rolled out, they could have had the opportunity to replace her more quietly, rather than get blindsided by her refusal and making the opposition even more public than before.
Supporters of President Trump, and even some of his skeptics, have plenty of reason to cheer his Cabinet appointments and the policies he's already put into place. The lack of organizational competence, however, threatens to undermine those gains. Much of what Trump pledged to do relies on his expertise and success as an executive, especially in slashing regulations in a manner that allows for greater freedom without losing the ability to prevent waste, fraud, and abuse. Voters will allow a new administration some growing pains, but the series of errors in implementing this order strains the boundaries of any honeymoon period.
Trump does have an opportunity as his Cabinet gets confirmed to hand over policy implementation to experienced deputies. That can't happen fast enough. George W. Bush learned the hard way during Hurricane Katrina that some mistakes are so egregious they can't be walked back, even when some of the responsibility for those mistakes should get spread around. Trump has time to right the ship. But for now, he ought to slow down, take a deep breath, and stop writing executive orders for awhile. He has four years — at least. There's no need to do everything so fast and furious. It's time to let the chaos subside.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Edward Morrissey has been writing about politics since 2003 in his blog, Captain's Quarters, and now writes for HotAir.com. His columns have appeared in the Washington Post, the New York Post, The New York Sun, the Washington Times, and other newspapers. Morrissey has a daily Internet talk show on politics and culture at Hot Air. Since 2004, Morrissey has had a weekend talk radio show in the Minneapolis/St. Paul area and often fills in as a guest on Salem Radio Network's nationally-syndicated shows. He lives in the Twin Cities area of Minnesota with his wife, son and daughter-in-law, and his two granddaughters. Morrissey's new book, GOING RED, will be published by Crown Forum on April 5, 2016.
-
South Korea impeaches president, eyes charges
Speed Read Yoon Suk Yeol faces investigations on potential insurrection and abuse of power charges
By Peter Weber, The Week US Published
-
La Zambra Hotel: reviving the glamour of a Spanish icon
The Week Recommends The former Byblos hotel has a boutique feel with resort-level amenities
By William Leigh Published
-
Today's political cartoons - December 16, 2024
Cartoons Monday's cartoons - grocery essentials, waiting room, and more
By The Week US Published
-
US election: who the billionaires are backing
The Explainer More have endorsed Kamala Harris than Donald Trump, but among the 'ultra-rich' the split is more even
By Harriet Marsden, The Week UK Published
-
US election: where things stand with one week to go
The Explainer Harris' lead in the polls has been narrowing in Trump's favour, but her campaign remains 'cautiously optimistic'
By Harriet Marsden, The Week UK Published
-
Is Trump okay?
Today's Big Question Former president's mental fitness and alleged cognitive decline firmly back in the spotlight after 'bizarre' town hall event
By Harriet Marsden, The Week UK Published
-
The life and times of Kamala Harris
The Explainer The vice-president is narrowly leading the race to become the next US president. How did she get to where she is now?
By The Week UK Published
-
Will 'weirdly civil' VP debate move dial in US election?
Today's Big Question 'Diametrically opposed' candidates showed 'a lot of commonality' on some issues, but offered competing visions for America's future and democracy
By Harriet Marsden, The Week UK Published
-
1 of 6 'Trump Train' drivers liable in Biden bus blockade
Speed Read Only one of the accused was found liable in the case concerning the deliberate slowing of a 2020 Biden campaign bus
By Peter Weber, The Week US Published
-
How could J.D. Vance impact the special relationship?
Today's Big Question Trump's hawkish pick for VP said UK is the first 'truly Islamist country' with a nuclear weapon
By Harriet Marsden, The Week UK Published
-
Biden, Trump urge calm after assassination attempt
Speed Reads A 20-year-old gunman grazed Trump's ear and fatally shot a rally attendee on Saturday
By Peter Weber, The Week US Published