Former AG Alberto Gonzales: Trump immigration order rollout 'botched'
Former U.S. Attorney General Alberto Gonzales says the rollout of President Donald Trump's recent executive order restricting refugees and immigration was "botched" and represented a "breakdown" of the Department of Justice process.
Over the weekend, Trump signed an executive order suspending the U.S. Refugee Resettlement Program for at least four months, after which the United States will only accept refugees from those countries with “sufficient safeguards” to ensure the “security and welfare of the United States.” It also suspends legal immigration from seven Muslim-majority countries. The order was met with widespread protests and court challenges as hundreds of immigrants were detained at airports across the country.
On Monday, acting attorney general Sally Yates sent a letter to members of the department instructing them not to defend the executive order. The Trump White House then fired Yates, claiming she had "betrayed the Department of Justice by refusing to enforce a legal order designed to protect the citizens of the United States.”
"This was a breakdown of the DOJ process," Gonzales said.
In the ensuing days, there have been many reports that the White House did not go through the traditional legal safeguards before enacting such a sweeping executive order.
Gonzales, who served as White House Counsel and later the attorney general under President George W. Bush, is the current dean of Belmont University College of Law. He said that if Yates had a problem with the executive order, she should have had a meeting with the president to discuss her concerns instead of issuing the memo. Gonzales admitted that he does not know what went on behind closed doors over the weekend, but Yates' chief concern should have simply been to provide legal advice to the president.
"I think it would have been better for her to resign than to send that directive," he said, "By sending out that directive, you're elevating the conflict."
The former attorney general said this speaks to larger communications problems within this particular White House. The job of attorney general is a delicate balance between providing legal policy advice to the president and serving as the chief law enforcement officer of the country, Gonzales said.
"I would have resigned rather than sending out the directive," Gonzales said. He admits that he has not read the executive order, but thinks the merits of the order were justified, but the implementation was very flawed.
"Because the rollout was botched, the order itself became a matter of much controversy, when the purpose of it, protecting America, most Americans would agree that the federal government should do that," he said.
Looking back at his years working under Bush, Gonzales recalled several instances when his duties as attorney general came in conflict with some of the political goals of the administration. He has told the administration "no" before, and worked with officials in the White House to reach an amicable solution.
Gonzales recalled when he ordered the FBI to raid the Washington, D.C., offices of former U.S. Rep. William Jefferson on corruption charges in 2006, the Bush administration wanted him to turn the evidence over because of political pressure. He refused and was ready to resign. The evidence was eventually tied up in court, but Gonzales pointed to his personal relationship with Bush to persuade him to his view.
"My view is that the closer you are to the president, the easier it is to tell him no and have him agree with you," he said.
Gonzales pointed out that Trump does not know Yates, so her refusal was met with harsh reprisal. He thinks that Sen. Jeff Sessions, Trump's nominee for attorney general, will be able to disagree with Trump in a more efficient manner. But it's up to the president whether or not he listens to the advice. Sessions is awaiting Senate confirmation.
"At the end of the day, the president can decide what the law is, and the courts are there to check him," Gonzales said.