Letter to the Editor,
Criticizing the actions of the current administration, particularly the actions related to the deportation of Venezuelan nationals to El Salvador, is a fair topic for discussion. Questioning the credibility and sufficiency of the assurances obtained by the United States is a reasonable question to explore. Ascribing indifference or, at worst, malevolent motives to career attorneys who, as Mr. Finucane should know, are unable to refute such claims as they are likely to be bound by privilege is truly disappointing. As such, I cannot comment on the substance of the article because I am still a government attorney, for a few more days.
I find it surprising, particularly from someone who spent time in the Office of Legal Adviser, that this article demonstrates a fundamental lack of understanding of the role of the attorney in the federal government. We research, debate, raise concerns, question and test the legal basis for actions and then we give our advice. We highlight the risks under the law, and in our role as adviser, to the greater interests of the Department and the United States. However, the attorneys do not decide. That burden and responsibility lies with the principals, including political appointees. Those decisions do not always reflect the advice provided.
When I joined the government, I took an oath to “support and defend the constitution” and to “faithfully discharge the duties of the office on which I am about to enter.” I have often described those duties as serving as a sort of backstop of logic and reason. Across many administrations in the last 24 years, I have provided advice on actions that our former Legal Adviser Harold Hongju Koh would call “lawful but awful.” I have tried passionately to convince clients that “just because something is legal, doesn’t make it a good idea.” I have raised concerns about the legality of proposed actions to the highest levels. There are many times when I have been able to move decision makers. And there have been many times when my advice and counsel were not taken. In both circumstances, I was faithfully discharging the duties of the office. And I have complete faith that my career colleagues are doing the same.
In my personal capacity,
Christina Sanford
