From Kelcey Patrick Ferree: “In order to understand how extraordinary this is, you need to understand a couple of things. First, lawyers have a duty to zealously advocate for our clients, using any legal theory available, no matter how tenuous. I mentioned those attorney ethics rules before. Second, lawyers have a duty to NOT assist our clients in breaking the law. (This should not be confused with defending a client who had already broken a law.) When those two duties conflict, we have to withdraw from a representation. That is a pretty extraordinary remedy. I’ve never had to do it, and I don’t know many people who have. This is a statement that the Justice Department’s current position is that there is no way to defend this executive order, not even a tenuous one. That isn’t a political statement. That goes to the rule of law in this country. Upholding the law requires setting aside this executive order.”
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