While it is constitutionally allowed, a number of questions have been raised on the ethical front
On Monday, US President Donald Trump dismissed the federal government's top lawyer Sally Yates after she defied the White House by saying the Justice Department would not defend President Trump’s new travel restrictions targeting seven Muslim-majority nations.
The White House said on Twitter that Dana Boente, US Attorney for the Eastern District of Virginia, would replace Yates, an appointee of former Democratic President Barack Obama, as acting U.S. attorney general.
In fact, CNN put up a 2015 video where Yates was grilled by President Trump’s pick for the US’s top legal position, Senator Jeff Sessions. Sessions is seen grilling her about her responsibility to the then-President, Barack Obama, should he require her to execute "unlawful" views.
"You have to watch out because people will be asking you to do things and you need to say no. You think the Attorney General has the responsibility to say no to the President if he asks for something that's improper?" the Alabama senator asks her.
Yates replies: "Senator, I believe the Attorney General or the Deputy Attorney General has an obligation to follow the law and the Constitution and to give their independent legal advice to the President."
The ethical conundrum
The White House said on Monday that Yates had “betrayed” the department by refusing to enforce a legal order that was “designed to protect the citizens of the United States”.
The Trump administration has been criticised for the decision, with people drawing parallels to a 1973 decision made by then US President Richard Nixon. At the time, Nixon had ordered the dismissal of special prosecutor Archibald Cox because he wouldn't obey Nixon's order to stop looking into Watergate. Two of the Justice Department's top leaders resigned in protest rather than following Nixon's directive to fire Cox – a move that came to be known as the "Saturday Night Massacre." A lot of individuals even termed the Trump administration’s move as the ‘Monday Night Massacre.’
A lot of ethical issues have been raised regarding Yates’ termination. In an interview to UK’s daily The Guardian, Patrick Leahy, a Democrat and ranking member of the Senate judiciary committee, said: “Federal courts have already found President Trump’s immigration order is very likely unconstitutional, and tonight acting attorney general Yates concluded that it was not legally defensible. She was fired for recognising that her oath is to the Constitution and not to President Trump. His accusation that she has ‘betrayed the Department of Justice’ is wrong and it is dangerous.
Attorney General can be terminated by the President
The Office of the Attorney General was created in 1789 and its duties were "to prosecute and conduct all suits in the Supreme Court in which the United States shall be concerned, and to give his or her advice and opinion upon questions of law when required by the president of the United States, or when requested by the heads of any of the departments." Only in 1870 was the Department of Justice established to support the attorney general in the discharge of their responsibilities. The Attorney General, the Secretary of State, the Secretary of the Treasury, and the Secretary of Defence are generally regarded as the four most important cabinet officials because of the importance of their departments. All these officials are appointed by the President of the United States and can be terminated.
Difference between US and India
The attorney general of India is the Indian government's chief legal advisor, and its primary lawyer in dealing with the Supreme Court of India. Unlike the United States, in India, the attorney general does not have executive authority and is not a government minister; those functions are performed by the law minister.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "Sally Yates")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}