Attorney      General Jeff Sessions looks during a press conference at the      Department of Justice, in Washington, on July 13.      
        Aaron Bernstein/Reuters      
      All week, people have been       making jokes on       social media about how horrified they are to find      themselves rooting for Jeff Sessions. With Sessions being      publicly taunted and humiliated by Donald Trump every day in            the       press and       on Twitter, even those who stand against everything he      represents seem to be feeling protective of the attorney      general. For many progressives, its a disorienting stance:      Even as they condemn Sessions for all the policies hes      pursued as the nations most powerful law enforcement      officialon       immigration, on       police reform, on       prison sentencingtheyve been put in the awkward      position of hoping he keeps his job.    
      Leon Neyfakh is a Slate staff writer.    
      Theres no question that the attorney general has been a      very detrimental force to civil rights progress and has      undermined civil rights for so many communities even in the      short time hes been attorney general, said Vanita Gupta,      the former head of the Civil Rights Division and the      president of theLeadership Conferenceon Civil and      Human Rights. [But] I think it is really alarming that a      president is attacking the Justice Departments independence      and its institutional mandate to ensure that no one is above      the law. Gupta called Trumps attacks on Sessions and DOJ a      move toward autocracy, adding that while no one in the civil      rights community is championing the attorney general,      theres a sense that something fundamental is at stake here.      I think the concern for civil rights advocates is the way in      which this fundamentally undermines the rule of law.    
      Jonathan Smith, a civil rights attorney who spent four years      working on police reform in the Obama Justice Department,      took a similar position, telling me that in the absence of      any good options, making sure Trump isnt allowed to      overpower DOJ is of paramount importance. The attorney      general should go, but not at the price of placing Trump      above the law, he said in an email. The nation faces a      terrible Hobsons      choice, and Trump is a threat to the democracy.    
      I am not a Sessions fan (of course) but I find myself      rooting for him to stay the course, said Richard Ugelow, an      employment rights specialist who served in the Civil Rights      Division for almost 30 years before leaving in 2004. The      integrity and independence of DOJ is at issue.    
      This point of view makes intuitive sense to me. By making it      clear that his anger at Sessions is almost entirely rooted in      the attorney generals decision to give up oversight of the      FBIs Russia investigation, Trump has effectively promised      that hed try to replace Sessions with someone more obedient.            Rudy Giuliani?       Ted Cruz? A guy named       John Huber from Utah? Whoever got the job, it seems      obvious that this person would be tasked with making it      easier for Trump to get rid of special counsel Robert Mueller      and generally put the Justice Department under White House      control. Under such extraordinary circumstances, rooting for      Sessions feels like rooting for the rule of law and the      continued independence of the Justice Department.    
      On Tuesday, some alumni of the department told me that this      is nonsense. Sessions remains a villain, they said, and      whatever the causes and consequences of his departure, it      would be better if he wasnt the attorney general anymore.    
      I dont hope for one second that Jeff Sessions stays in his      job, said University of Michigan Law School professor Sam      Bagenstos, who began his career at DOJ in 1994 and later      served as a political appointee under Obama. If Trump fires      Sessions in an effort to interfere with Muellers      investigation, that will be an abuse of power that I will      criticize. And I will do what little I can effectively do to      oppose Sessions replacement with someone who seems likely to      abuse the power of the office.But I dont see how any      of that would make me hope that Sessions stays.    
      Bagenstos argued that the premise that Sessions can be      expected to protect the DOJs independence is incorrect.      Sure, he recused himself from the Russia investigation, but      he did that only because he was legally required to, and      theres no reason to interpret it as a sign that Sessions      will stand up for the DOJ in the future. Matthew Miller, an      Obama-era spokesman for the DOJ, echoed this point: Sessions      already demonstrated his lack of independence, Miller said,      when he signed off on James Comeys firing in May, and he      confirmed his status as a yes-man by staying silent in the      face of       Trumps outrageous tweets about the DOJ being       weak on Hillary Clinton.    
      Its possible that Sessions successor would be less      effective at making Trumps dreams come true.    
      He has refused to stand up and defend the department against      the vicious assaults on it by the president, Miller told me      in an email. He added, Sessions should be out publicly      telling the president to back offto stop trying to meddle in      DOJs investigationsand if hes not willing to do that, he      might as well leave.    
      Several former DOJ officials, including Bagenstos and his      one-time Civil Rights Division colleague Roy L. Austin,      suggested that I shouldnt overthink the question of whether      the country is better or worse off with Sessions as AG. What      ought to matter most is his agenda, they said, and the fact      that he has already made tremendous progress toward      fulfilling it is reason enough to want him out.    
      He has just done so much other damage to DOJ that I dont      want to see him there anymore and it does not particularly      matter to me how he leaves, Austin said in an email. Pretty      much everything about this presidents Cabinet picks has been      a disaster, so it is not like the next pick could be much      worse  and I will hold out some hope for a little better.    
      Bagenstos framed Sessions potential departure as urgent harm      reduction. Sessions is actively doing a lot of harm right      now, on vote suppression, on civil rights generally, on drug      and forfeiture policy, he said. He is as extreme an      appointee as one can imagine on these issues.And that      has to weigh in the calculus here.    
      Is there really any chance that after ousting one extremist,      the Trump administration would bring in someone less extreme?      The answer is we dont know, but one thing that can be said      about Sessions six months into this presidency is that he has      made extremely quick work of advancing his policy goals. As      an arch-right attorney general who has been described as the      presidents ideological twin, Sessions has demonstrated a      tremendous aptitude for the work of policymaking in the Trump      era. Its possible that Sessions successor would lack that      aptitude and be less effective at making Trumps dreams come      true.    
      Its also possible that Sessions replacement would be less      ideological than he is, a former DOJ official told me,      speaking on the condition of anonymity. I think his      departure will lift a significant barrier from the      administration that will allow it to eventually take more      moderate tones on a host of issues, the official said. This      particular individual is such a roadblock to anything      positive going on. That is why Breitbart is       siding with Sessions over Trump.    
      These are thought-provoking arguments. It seems at least      possible that 1) with Sessions out of the picture, Trumps      ability to do bad things would be crippled because hed be      forced to operate without his most effective lieutenant; and      2) Sessions is the last guy anyone should count on to protect      the DOJs independence.    
      And yet, for many peoplemyself includeda scenario in which      Sessions gets fired or resigns feels somehow more dangerous      and dislocating than the alternative. Why? Because if      Sessions were to leave now under pressure from Trump, it      could end up proving that this president really can do      whatever he wants, up to and including taming the Department      of Justice. It would be yet another test for elected      officials who have so far failed all of them: If it happens      and theres no more reaction from Congress than there was      after the Comey firing, it would feel like decisive evidence      that nothing will ever change. Trump would be in good shape,      autocracy-wise, if firing his attorney general for failing to      protect him from the FBI doesnt cross a red line for      law-and-order conservatives on Capitol Hill.    
      No one knows exactly what would happen if Trump fires      Sessions or the attorney general resigns. But the mere fact      of it happening would demonstrate that Trump is able and      willing to do a lot more than just talk about bringing the      DOJ to heel. This is a scary thought.    
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      It's really all a matter of gauging the odds. What is the      likelihood that his replacement will be significantly better      on voting rights, domestic surveillance, asset forfeiture,      and drug policy? More...    
      While Sessions replacement would probably be less      conservative, thats not what matters now, said Eric      Columbus, who served in the deputy attorney generals office      from 2009 to 2014.Trump wants to fire Sessions because      Sessions upheld the rule of law. That alone is reason to hope      Sessions sticks it out. Quitting would  set a dangerous      precedent for the next time an official ponders whether      following the law is worth the cost of enraging Trump.    
      Columbus continued, During the campaign I found myself      nodding in bewildered agreement with principled conservatives      who bucked Trump. I never expected Sessions would join that      crowd, but here we are.    
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Should He Stay or Should He Go? - Slate Magazine