Sally Yates Fails the Ethics Test

For John, BLUF:  Acting Attorney General Sally Yates failed the ethics test, but so are a bunch of others, including presumable dedicated neutral Civil Servants.  Nothing to see here; just move along.

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Whistleblowers and the Real Deep State

Here is the sub-headline:

Civil servants too often forget they work for the people and seek to impose their own policy agendas.

From The Wall Street Journal, by Reporter Kimberley A. Strassel, 11 October 2019.

Probably behind a paywall.

Here is the lede plus four:

House Democrats are plowing ahead with an impeachment effort inspired by accusations from an anonymous “whistleblower.”  The lawmakers may allow the witness to testify anonymously, sources who themselves remained anonymous told the Washington Post this week.  It’s as if the whole effort is designed to confirm President Trump’s complaint that the “deep state” is determined to sabotage his presidency.

By “deep state,” Mr. Trump seems to mean any current or former federal employee who works to undermine him.  I find that definition too broad, and it misses an important distinction.  Officials like James Comey and John Brennan, respectively former directors of the Federal Bureau of Investigation and the Central Intelligence Agency, were appointed by politicians and are subject to some public scrutiny and political accountability.

The “deep state”—if we are to use the term—is better defined as consisting of career civil servants, who have growing power in the administrative state but work in the shadows.  As government grows, so do the challenges of supervising a bureaucracy swelling in both size and power.  Emboldened by employment rules that make it all but impossible to fire career employees, this internal civil “resistance” has proved willing to take ever more outrageous actions against the president and his policies, using the tools of both traditional and social media.

Government-employed resisters received a call to action within weeks of the new administration.  Deputy Attorney General Sally Yates became acting attorney general on Mr. Trump’s inauguration and Loretta Lynch’s resignation.  A week later, the president signed an executive order restricting travel from seven Middle Eastern and African countries.  Ms. Yates instructed Justice Department lawyers not to defend the order in court on the grounds that she was not convinced it was “consistent” with the department’s “responsibilities” or even “lawful.”  She decreed:  “For as long as I am Acting Attorney General, the Department of Justice will not present arguments in defense of the Executive Order.”

Mr. Trump fired her that day, but he shouldn’t have had to.  Her obligation was to defend the executive order, or to resign if she felt she couldn’t.  Nobody elected Sally Yates.

Every subordinate owes his or her boss a "But, sir".  However, after that "But, sir" one is obligated to execute or resign.  To stick around and sabotage some project of the boss is not just unethical, it is destructive of the idea of our form of Government.  It returns us to 1880, to the time before the Pendelton Act and a professional Civil Service, in the wake of the assassination of President James A Garfield.

But, the neutrality of the Civil Service was questioned before the Administration of President Trump.  There was the IRS and Ms Lois Lerner, working against the Tea Parties, and other groups, including those oriented toward Democratic Party themes, by denying tax except status in an effort to thwart those political factions.

Hat tip to the InstaPundit.

Regards  —  Cliff