When former acting-Attorney General Sally Yates, a 27-year DOJ veteran, refused to defend Donald Trump’s travel ban, she was fired and replaced by Dana Boente, US Attorney for the Eastern District of Virginia, pending Senate confirmation of Alabama Senator Jeff Sessions as AG. Boente promised to defend the ban, which had been ordered temporarily suspended by a federal judge in Washington. Under Boente, the DOJ immediately filed a request to restore the ban on immigrants from seven predominantly Muslim countries.
On Sunday, February 5, the US Court of Appeals for the 9th Circuit in San Francisco denied the request for an emergency of the original suspension order pending a full consideration of the motion. The court requested the AGs of Washington and Minnesota to respond right away, and the DOJ to respond by Monday, February 6.
In response to the original order by US Justice James Roberts, an appointee from the Bush Administration, the Department of Homeland Security (DHS) suspended ‘any and all actions to implement the ban.’
The Trump Administration, one of the least-prepared White House teams in modern history, will now get a look at how real government works. It’s not like a reality TV show where you can shoot a retake or change the script if you don’t like the way things are going. In the real world, the judicial branch is independent from the executive, and for the most part, justices take their responsibility to uphold the law and Constitution seriously, regardless of their politics.