ATTORNEY PAUL A. KSICINSKI 414-530-5214
ATTORNEY PAUL A. KSICINSKI
TOP 100 WISCONSIN CRIMINAL DEFENSE LAWYER
​414-530-5214
  • Home
  • References
  • PEER ENDORSEMENTS
  • PAST CASES
  • Blog
  • Contact
  • KNOW YOUR RIGHTS
  • How to deal with police
  • Practice Areas
  • About
  • Criminal Law Links
  • News

Discussion of current legal issues

Henry Nellum case selected by USA Network as a compelling homicide trial to keep an eye on in 2018

Button Text

SALLY YATES ON WHAT IS THE PROPER ROLE OF THE PROSECUTOR IN THE CRIMINAL SYSTEM

5/12/2017

0 Comments

 
Picture

Whatever your political leaning, hopefully you can agree that one of the virtues of government is ascertaining the truth.  In an apparent drive for the truth, President Trump has fired the following people: U.S. Attorney Preet Bharara in New York, and FBI Director James Comey and Acting U.S. Attorney General Sally Yates. Yates served in that role for only 10 days before being removed by President Trump after refusing to enforce the President's controversial travel ban.  Initially, it should be known that a bipartisan group of more than 70 former federal prosecutors -- including 50 who served in Republican administrations -- issued a harshly worded statement Tuesday in support of former acting Attorney General Sally Yates. On Monday she testified before the U.S. Senate Judiciary subcommittee hearing on Russian interference in the 2016 presidential election. During that testimony, Yates explained her a stand on the President's attempt to partially fulfill a campaign promise to bar Muslims from entering the country.

She had to explain why she did not enforce the ban issued by the President.  Senator Cornyn asked (full transcript available here) about Ms. Yates whether that decision was inconsistent with her role to reasonably defend the actions of the administration. She answered,

It is correct that often times, but not always, the civil division of the Department of Justice will defend an action of the president or an action of congress if there is a reasonable argument to be made. But in this instance, all arguments have to be based on truth because we're the Department of Justice. We're not just a law firm, we're the Department of Justice.

Answering questions from Senator Kennedy, Yates said that any defense of the president's action would have to include the argument that the executive order had nothing to do with religion, and based on candidate Trump's past statements, that would be a difficult argument to ground in truth. 

Her response on that theme reflected careful attention to the exact nature of her role, which isn't to simply defend the administration no matter what, but to that the government must always ground its arguments in truth.  Truth is the truth not subject to alternative versions.  To Yates, the DOJ is "not just a law firm," and a prosecutor is "not just an advocate."  "While lawyers representing private parties may - indeed, must - do everything ethically permissible to advance their clients' interests, lawyers representing the government in criminal cases serve truth and justice first.  The prosecutor's job isn't just to win, but to win fairly, staying well within the rules."  United States v. Kojayan, 8 F.3d 1315, 1323 (9th Cir. 1993)
0 Comments



Leave a Reply.

    Author

    These are reflections I have had about our criminal justice system.  Some of it may make sense, some of it might not.

    Archives

    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    February 2021
    January 2021
    November 2020
    October 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    October 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    December 2014
    November 2014
    October 2014
    September 2014
    August 2014

    Categories

    All

    RSS Feed

Powered by Create your own unique website with customizable templates.