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Department attorneys not to defend the ban. she was fired about four hours later. and dana boente, like yates, was also an obama appointee and desceissented her memo. on the other hand you have justice department lawyers that are uncomfortable about this situation. >> president trump's top pick for attorney general, senator sessions, is about to be under the spotlight as his final hearing gets under way in a few hours. many are wondering if sessions is becoming a referendum on the president's travel ban.

How? cnn's evan perez is live from washington with more. what have you learned? >> all weekend sally yates wrestled with what to do about an executive order that the trump white house simply did not consult her on. she was among several top lawyers in the department who didn't feel that they could defend the order which bans most travel from seven muslim majority countries. the chaotic weekend roll-out led to emergency court hearings that showed how ill-prepared government lawyers were to defend the executive order. white house officials were anticipating on monday that yates might resign but ...