Legal Requisites

President Donald Trump is a pompous ass and represents a grave threat to the Republic, accept that truth and keep alert. That said, under my own code of ethics even a pompous ass deserves defense when merited. The firing of Acting Attorney General Sally Yates was justified. I would have done the same thing, though I would have handled it far more diplomatically. The reason it's justified and not a Nixonian moment is because the Office of Legal Counsel in the A.G.'s office had reviewed the travel ban and stated it was legal. Whether or not they are correct is for the Courts to decide. Yates made a decision that she did not agree with the policy and issued an order to her subordinates that the Justice Department would not defend the order in court. She did not issue a legal brief outlining why the O.L.C. was wrong in their assessment and present it to the President. She simply issued her order, after the Justice Department had already appeared in court over the weekend defending the President's Executive Order. Yates came to a personal conclusion over the weekend that she could not accept the E.O. and that's fine, she should have resigned citing her reasoning. Absent a solid and clear legal violation being argued by her, the appearance is that she made a decision based on a political opinion which is unacceptable and placed her in the position of insubordination and failure to fulfill her duties. So, the pompous ass is right and those trying to make a national scandal out of this single action are wrong.

Federal Judge Neil Gorsuch has been nominated by Trump to be the next Associate Justice of the Supreme Court. I start first with an admonishment to politicians and the media for use of language. This is not the replacement of Antonin Scalia, it is the filling of a vacancy on the Court. The notion since the death of Scalia last February that somehow a visit to the Scalia clone factory to fill the seat is necessary is an insult to the memory of Scalia and simply wrong. If we believe in an independent Judiciary, the idea of a dominant political force on the Court is anathema to the Constitution. Neil Gorsuch is completely qualified to serve. I have made no decision on whether or not I would vote yes for him, but I strongly believe he must be given a fair hearing and absent a dramatic disqualifying revelation in the hearing, he should be given an up or down vote in the full Senate. The Republicans acted like jackasses throughout the Obama Presidency and their failure to give Merrick Garland a hearing last year is inexcusable and reprehensible. The Democratic Party must not duplicate Republican nonsense. Give Neil Gorsuch a fair hearing and let the chips fall where they may.