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McCarthy: Yates Became One of the Left's 'Aggrieved Progressive Heroines'

Newsmax TV's "America Talks Live"

Tuesday, 31 Jan 2017 03:14 PM

Sally Yates — the acting attorney general appointed by former President Barack Obama and now fired by President Donald Trump for refusing to defend what she called an "unlawful" executive order banning immigrants from heavily Muslim countries — made the move to become one of the "aggrieved progressive heroines" of the left, former prosecutor Andrew McCarthy told Newsmax TV.

"It was a layup for her," McCarthy told host Steve Malzberg on Tuesday's "America Talks Live." "I take it that that was really what she was after . . . but she actually won't say what part of the law this actually broke. She doesn't really allege it broke anything, and, in fact, the Office of Legal Counsel, which is kind of the lawyer's lawyer at the Justice Department, signed off on this thing.

"But everybody in the Justice Department knows that if you get a directive that you're uncomfortable carrying out, your choice is either to salute and do your job or honorably resign. She tried to carve out a third option, which was sabotage and insubordination to my mind."

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McCarthy, who served as an assistant U.S. attorney for the Southern District of New York and writes a column for National Review, said there is an understanding of protocol at the State Department.

"This just goes with the territory of having worked in the Justice Department a long time and having to carry out and execute laws that I didn't particularly like very often," said McCarthy, known for his prosecution of the so-called "Blind Sheik" and others in the 1993 World Trade Center bombing.

"I think she should not only have been immediately fired, I think she should have been escorted out of the building."

McCarthy believes Trump's executive order is on solid legal ground.

"As a matter of constitutional law, and even statutory law, there's no more comfortable place for the president to be operating than an area in which his constitutional authority is at its height — conducting of foreign affairs," he said.

"Particularly when it deals with threats from foreign sources against the United States. And you marry that up in addition to his constitutional power, and he has a sweeping statutory license to act here.

"We have a section of the immigration law that basically says the president in his judgment can decide that any alien or class of aliens, the entry of them into the U.S., would be detrimental to our society, to our security, etc. Congress has given the president that power and it's never been repealed."

And Trump is not the first one to use it toward immigrants, according to McCarthy.

"It seems like five minutes ago, Obama, with respect to Iraq, cut off immigration for about six months, and I didn't hear any crying and gnashing of teeth at the time, no suggestion that it was a Muslim ban, no suggestion that we were suddenly racists and Islamophobes and the like," he said.

"The fact of the matter is, the countries that are cited in [Trump's] executive order are cited because they're Muslim-majority countries where either there is intense hatred of the United States, like Iran, or they have the pathologies that a lot of Muslim majority countries happen to have."

McCarthy is the author of "Faithless Execution: Building the Political Case for Obama's Impeachment," published by Encounter Books.

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Sally Yates, fired Monday by President Donald Trump, made the move to become one of the "aggrieved progressive heroines" of the left, former prosecutor Andrew McCarthy told Newsmax TV.
Andrew McCarthy, Sally Yates, attorney, general
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2017-14-31
Tuesday, 31 Jan 2017 03:14 PM
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