The hearing is already underway. Surely this will come up:
Well, this is awkward. Video of Sally Yates’ Deputy Attorney General confirmation hearing in 2015 shows Sen. Jeff Sessions — Trump’s pick for the country’s top legal position — grilling her about her responsibility to the then-President, Barack Obama, should he require her to execute “unlawful” views.
“You have to watch out because people will be asking you to do things and you need to say no. You think the Attorney General has the responsibility to say no to the President if he asks for something that’s improper?” the Alabama senator asks her.
“A lot of people have defended the Lynch nomination, for example by saying ‘well, he appoints somebody who’s going to execute his views, what’s wrong with that?'” he asks, referring to Obama’s 2014 nomination of Loretta Lynch to the role of Attorney General.
“But if the views the President wants to execute are unlawful, should the Attorney General or the Deputy Attorney General say no?” Yates replies: “Senator, I believe the Attorney General or the Deputy Attorney General has an obligation to follow the law and the Constitution and to give their independent legal advice to the President.”