Nixon ordered Richardson to fire Cox. Richardson refused and resigned.
Nixon ordered Ruckelshaus to fire Cox. Ruckelshaus refused and resigned.
Trump, speculatively, might order Rosenstein to fire Mueller. Op-eds on the subject all seem to agree that Rosenstein should, and almost certainly would, refuse and resign.
If you can’t, in good conscience, follow Big Boss’s orders, why must you resign? Why not just stay in the job and let the Big Boss fire you if he really means it. Who’s calling who’s bluff?
I suspect there is legal jeopardy attached to failing to perform one’s duties, failing to execute the President’s orders…regardless of the stupidity of the order. Resignation makes the point and protects against possible prosecution.
Refusing orders and then getting fired sends the message “I thought I could get away with this, but the boss outsmarted me”. Refusing orders and then resigning sends the message “This decision is Serious Business, and I know there’s no way I can make this decision and still stay in this position, but it’s important enough that I’m doing it anyway”.
So basically, it comes down to a moral/ethical/conscience issue, and resigning has evolved as a sort of de-facto but unofficial ANSI-standard response?
Another advantage to resigning rather than being fired is that you run the risk of your superior telling the world “I fired him because he was an awful administrator, made a pass at my daughter, and regularly peed in the parking lot”.
Come to think of it I think that Comey is the first political figure who has actually been fired in a long time. Asking people to resign is usually the way presidents let people go, its more polite. I guess that is just another example of Trumps “unconventional” way of doing things.
Trump fired Preet Bharara, an Obama-era US attorney for the Southern District of New York, as well. Trump demanded over 40 attorneys resign, but Bharara said no.
Being fired by Trump is probably not bad for the resume. In fact it might be a positive in four years.
Sally Yates was fired rather than resigning. It happens once in a while. Obama fired Gerald Walpin. Bush fired several US Attorneys. Clinton fired the FBI director.
While the story is that Ruckelshaus resigned, there were accounts at the time that Nixon didn’t give him the chance – essentially saying “fire Cox or be fired.”
If your boss, the POTUS, wants you to do something illegal or wrong, and you refuse, then you should stay at your post and get fired for your refusal, further cementing your innocence and his wrongdoing. “It will look bad on your resume” doesn’t really apply; at that national Watergate level, everyone knows the real reason you got fired; this isn’t like getting fired from a job at McDonald’s. You won’t look bad because people will know the circumstances of your firing.
At best, what we have is Nixon telling Ziegler one thing, and Bork another. In any case, a Ruckelshaus resignation was about as voluntary as Bush 43 “accepting” Donald Rumsfeld’s resignation the day after the Republicans got smashed in the 2006 midterm elections.
What the Press Secretary says is simply less authoritative than a letter from the President.
And sure, as you say, it was ‘resign or be fired’ but that’s what we’re discussing here: why do they resign rather than being fired when that’s the choice?