抗拒川普入境禁令 美代理司法部長速遭革職(附白宮聲明全文)
|【博聞社】美代理司法部長莎莉‧葉茲因下令司法部律師勿為川普下達的禁令辯護,而遭川普火速開除,再度引起外界矚目,在發布人事之前,川普已上推特洩憤,大罵後隔一個多小時,白宮就發布開除葉茲的人事命令。
川普是在美國30日晚上7點45分上推特發文,指民主黨人士拿政治上的理由拖延他的內閣施政,他們沒所作為,只會是障礙,現在又多了一個葉茲。
川普推文後91分鐘,即當晚9點16分,白宮就發表聲明開除葉茲,語氣也極罕見,開頭用「BETRAY」(背叛)指責葉茲,這在過去的白宮人事發布中幾乎未見。
奧巴馬任內獲任命的代理司法部長莎莉‧葉茲,30日下令司法部律師不要為川普下達的禁令辯護,宣稱她懷疑總統這項行政命令合乎法律和道德;白宮在當晚隨即開除她,改以維吉尼亞東區檢察官波恩特(Dana Boente)接替代理,直至新任司法部長塞辛斯接任。
白宮是以葉茲背叛司法部,拒絕執行旨在保護美國人民的法律命令為由,宣布解除其職務。
葉茲觸怒白宮是因為在此之前曾發布備忘錄說:「我的職責是確保司法部的地位不僅在法律上站得住腳,而且在考慮所有事實後掌握我們對法律的最佳觀點。」
她說:「目前我不相信為這項行政命令辯論符合這些職責,也不相信這項行政命令合法。因此,只要我擔任代理司法部長,司法部就不會為這項行政命令提供辯護,除非我相信這樣做是適當的。」
《紐約時報》指出,川普提名的司法部長人選塞森(Jeff Sessions)預料很快就會上任,葉茲的抗命象徵意義大於實質,但也充分顯示川普禁令在美國政府裡造成多大的分歧。而美國參議院預料周二針對塞森任命案討論,塞森能否過關,也勢必成為參議員對於川普這項禁令的變相「公投」。
身為總統,川普有權力直接把葉茲革職,《紐約時報》指出,類似事件曾發生在1973年,尼克森總統當時想開除水門案特調檢察官考克斯,司法部長及副部長拒絕配合,遭尼克森逼退,當時尼克森一口氣炒掉司法部三名要員,被稱為「星期六大屠殺」。
白宮聲明全文:
THE WHITE HOUSE
Office of the Press Secretary
FOR IMMEDIATE RELEASE
January 30, 2017
Statement on the Appointment of Dana Boente as Acting Attorney General
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.
Ms. Yates is an Obama Administration appointee who is weak on borders and very weak on illegal immigration.
It is time to get serious about protecting our country. Calling for tougher vetting for individuals travelling from seven dangerous places is not extreme. It is reasonable and necessary to protect our country.
Tonight, President Trump relieved Ms. Yates of her duties and subsequently named Dana Boente, U.S. Attorney for the Eastern District of Virginia, to serve as Acting Attorney General until Senator Jeff Sessions is finally confirmed by the Senate, where he is being wrongly held up by Democrat senators for strictly political reasons.
“I am honored to serve President Trump in this role until Senator Sessions is confirmed. I will defend and enforce the laws of our country to ensure that our people and our nation are protected,” said Dana Boente, Acting Attorney General.
葉茲此前發佈的備忘錄內容如下
On January 27, 2017, the President signed an Executive Order regarding immigrants and refugees from certain Muslim-majority countries. The order has now been challenged in a number of jurisdictions. As the Acting Attorney General, it is my ultimate responsibility to determine the position of the Department of Justice in these actions.
My role is different from that of the Office of Legal Counsel (OLC), which, through administrations of both parties, has reviewed Executive Orders for form and legality before they are issued. OLC’s review is limited to the narrow question of whether, in OLC’s view, a proposed Executive Order is lawful on its face and properly drafted.
Its review does not take account of statements made by an administration or it surrogates close in time to the issuance of an Executive Order that may bear on the order’s purpose. And importantly, it does not address whether any policy choice embodied in an Executive Order is wise or just.
Similarly, in litigation, DOJ Civil Division lawyers are charged with advancing reasonable legal arguments that can be made supporting an Executive Order. But my role as leader of this institution is different and broader. 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. 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.
Consequently, 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.
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