Acts of defiance by unelected bureaucrats

In the Wall Street Journal, Kimberley Strassel shows how Sally Yates got the resistance ball rolling in the massive federal bureaucracy.

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.

The Yates memo was the first official act of the internal resistance—not only a precedent but a rallying cry. Subordinates fawningly praised her in emails obtained by Judicial Watch. “You are my new hero,” wrote one federal prosecutor. Another department colleague emailed: “Thank you AG Yates. I’ve been in civil/appellate for 30 years and have never seen an administration with such contempt for democratic values and the rule of law.” Andrew Weissmann—a career department lawyer, then head of the Criminal Fraud Division and later on the staff of special counsel Robert Mueller—wrote: “I am so proud. And in awe. Thank you so much.” Ms. Yates set an example to rebels throughout the government: If she can defy the president, why can’t I?

That mentality fed the stream of leaks that has flowed ever since. The office of Sen. Ron Johnson, chairman of the Homeland Security and Government Affairs Committee, made a study of Mr. Trump’s first 18 weeks in office. It found the administration had “faced 125 leaked stories—one leak a day—containing information that is potentially damaging to national security under the standards laid out in a 2009 Executive Order signed by President Barack Obama. ” Nearly 80% focused on the Russia probe, and many revealed “closely-held information such as intelligence community intercepts, FBI interviews and intelligence, grand jury subpoenas, and even the workings of a secret surveillance court.” Unauthorized disclosure of classified information is a felony.

But the job of civil servants is to implement, not undermine, the policies established by elected officials. A government paycheck doesn’t entitle them to call the shots. The bureaucratic resistance has used its power to delay and undermine Trump proposals, leak government information, gin up controversies to run Trump cabinet heads out of Washington—and now provide an excuse for impeachment. Many call themselves whistleblowers, but that’s a bastardization of an honorable word. Whistleblowers expose government fraud; resisters sabotage policy and attempt to undermine an elected government’s legitimacy.

Government workers are a vital part of society. Yet voters have become deeply suspicious—and rightly so—of the federal bureaucracy. That’s damaging the country. Democrats insist they must remove Mr. Trump from office to save America’s institutions and restore its norms. Who’s doing the real damage to institutions and norms? The resistance should look in the mirror.

Read more here.