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Acting attorney general 'tells justice department lawyers not to defend Trump travel ban' – live Acting attorney general tells justice department lawyers not to defend Trump travel ban – live
(35 minutes later)
12.42am GMT
00:42
Protests across UK over proposed Trump visit
Thousands of people have gathered across the UK to protest against Donald Trump’s travel ban targeting seven Muslim-majority countries, his indefinite bar on Syrian refugees and his planned UK state visit.
About 10,000 people were thought to have marched on Downing Street in London, with the crowd stretching the length of Whitehall by 7pm. Edinburgh, Cardiff, Manchester and Birmingham also had large demonstrations.
Protesters showed their anger on the day that a petition calling for the US president’s state visit to the UK to be axed passed 1.5m signatures.
Also on Monday night MPs unanimously passed a motion condemning the “discriminatory, divisive and counterproductive” travel ban, after an emergency debate called by former Labour leader Ed Miliband and Conservative MP Nadhim Zahawi, who was born in Baghdad and risked being banned from the US before an exemption for UK dual nationals was confirmed.
The motion passed unanimously in House of Commons this eve condemning "Trump's discriminatory, divisive & counterproductive ban" pic.twitter.com/jaZ18KtJhS
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at 12.45am GMT
12.26am GMT
00:26
Full letter from acting attorney general
Here is the full letter from Sally Yates, acting attorney general, to justice department lawyers (bolding for emphasis is mine):
On January 27, 2017, the President signed an Executive Order regarding immigrants and refugees from certain Muslim-majority countries. The order has now been challenged in a number of jurisdictions. As the Acting Attorney General, it is my ultimate responsibility to determine the position of the Department of Justice in these actions.
My role is different from that of the Office of Legal Counsel (OLC), which, through administrations of both parties, has reviewed Executive Orders for form and legality before they are issued. OLC’s review is limited to the narrow question of whether, in OLC’s view, a proposed Executive Order is lawful on its face and properly drafted. Its review does not take account of statements made by an administration or it surrogates close in time to the issuance of an Executive Order that may bear on the order’s purpose. And importantly, it does not address whether any policy choice embodied in an Executive Order is wise or just.
Similarly, in litigation, DOJ Civil Division lawyers are charged with advancing reasonable legal arguments that can be made supporting an Executive Order. But my role as leader of this institution is different and broader. My responsibility is to ensure that the position of the Department of Justice is not only legally defensible, but is informed by our best view of what the law is after consideration of all the facts. In addition, I am responsible for ensuring that the positions we take in court remain consistent with this institution’s solemn obligation to always seek justice and stand for what is right. At present, I am not convinced that the defense of the Executive Order is consistent with these responsibilities nor am I convinced that the Executive Order is lawful.
Consequently, for as long as I am the Acting Attorney General, the Department of Justice will not present arguments in defense of the Executive Order, unless and until I become convinced that it is appropriate to do so.
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at 12.47am GMT
12.18am GMT12.18am GMT
00:1800:18
872 refugees will come to US this week under waivers872 refugees will come to US this week under waivers
Reuters reports that – despite the executive order banning all refugees from entering the US for 120 days – hundreds of refugees will be permitted to come to America this week:Reuters reports that – despite the executive order banning all refugees from entering the US for 120 days – hundreds of refugees will be permitted to come to America this week:
The US government has granted waivers to let 872 refugees into the country this week, despite President Donald Trump’s executive order on Friday temporarily banning entry of refugees from any country, according to an internal department of homeland security document seen by Reuters.The US government has granted waivers to let 872 refugees into the country this week, despite President Donald Trump’s executive order on Friday temporarily banning entry of refugees from any country, according to an internal department of homeland security document seen by Reuters.
A homeland security official, speaking on condition of anonymity, confirmed the waivers, noting that the refugees were considered “in transit” and had already been cleared for resettlement before the ban took effect.A homeland security official, speaking on condition of anonymity, confirmed the waivers, noting that the refugees were considered “in transit” and had already been cleared for resettlement before the ban took effect.
Refugees preparing for resettlement typically have severed personal ties and relinquished their possessions, leaving them particularly vulnerable if their plans to depart are suddenly cancelled.Refugees preparing for resettlement typically have severed personal ties and relinquished their possessions, leaving them particularly vulnerable if their plans to depart are suddenly cancelled.
It was not known if additional waivers would be granted, the official said. The document did not give the nationalities of the refugees.It was not known if additional waivers would be granted, the official said. The document did not give the nationalities of the refugees.
The 872 refugees to be admitted this week, under the waivers, were screened using Obama administration procedures, which typically take two years and include several interviews and a background check.The 872 refugees to be admitted this week, under the waivers, were screened using Obama administration procedures, which typically take two years and include several interviews and a background check.
12.05am GMT12.05am GMT
00:0500:05
Before news broke of the instruction by the acting attorney general that justice department lawyers will not defend Trump’s travel ban, a number of legal challenges had already been made to the executive order.Before news broke of the instruction by the acting attorney general that justice department lawyers will not defend Trump’s travel ban, a number of legal challenges had already been made to the executive order.
Over the weekend, federal judges in four states ordered that no one who was en route or had reached the US with a valid visa or green card at the time the executive order was signed could be deported. They did not decide whether Trump’s measures – to suspend travel from seven Muslim-majority countries for 90 days; to suspend the Syrian refugee program indefinitely; to suspend all refugee admissions for 120 days; and to prioritize refugees of minority – were constitutional.Over the weekend, federal judges in four states ordered that no one who was en route or had reached the US with a valid visa or green card at the time the executive order was signed could be deported. They did not decide whether Trump’s measures – to suspend travel from seven Muslim-majority countries for 90 days; to suspend the Syrian refugee program indefinitely; to suspend all refugee admissions for 120 days; and to prioritize refugees of minority – were constitutional.
Rulings were made in New York, Massachusetts, Virginia and Washington, each of which differed slightly.Rulings were made in New York, Massachusetts, Virginia and Washington, each of which differed slightly.
Attorney generals in New York and Washington state have already called the executive order unconstitutional.Attorney generals in New York and Washington state have already called the executive order unconstitutional.
In the New York court on Saturday night, government lawyers defending the case were visibly unsure what to say. Attorney Susan Riley told the court:In the New York court on Saturday night, government lawyers defending the case were visibly unsure what to say. Attorney Susan Riley told the court:
This has unfolded with such speed that we haven’t had an opportunity to address the issues, the important legal issues.This has unfolded with such speed that we haven’t had an opportunity to address the issues, the important legal issues.
11.55pm GMT11.55pm GMT
23:5523:55
More from the letter sent by acting attorney general Sally Yates to justice department lawyers, according to a report in the New York Times, which has seen the letter:More from the letter sent by acting attorney general Sally Yates to justice department lawyers, according to a report in the New York Times, which has seen the letter:
For as long as I am the acting attorney general, the department of justice will not present arguments in defense of the executive order, unless and until I become convinced that it is appropriate to do so.For as long as I am the acting attorney general, the department of justice will not present arguments in defense of the executive order, unless and until I become convinced that it is appropriate to do so.
Yates is acting attorney general only until Trump’s own pick, Jeff Sessions, is confirmed.Yates is acting attorney general only until Trump’s own pick, Jeff Sessions, is confirmed.
Trump does have the power to fire Yates ahead of that moment.Trump does have the power to fire Yates ahead of that moment.
UpdatedUpdated
at 12.09am GMTat 12.09am GMT
11.37pm GMT11.37pm GMT
23:3723:37
Attorney general tells justice department lawyers not to defend travel ban – reportsAttorney general tells justice department lawyers not to defend travel ban – reports
CNN is reporting that Sally Yates, acting attorney general, has advised justice department lawyers not to defend Trump’s travel ban.CNN is reporting that Sally Yates, acting attorney general, has advised justice department lawyers not to defend Trump’s travel ban.
According to CNN, Yates – who is an Obama appointee in the role until Trump’s nominee, Jeff Sessions, is approved – “does not believe the substance of the order is lawful”.According to CNN, Yates – who is an Obama appointee in the role until Trump’s nominee, Jeff Sessions, is approved – “does not believe the substance of the order is lawful”.
The New York Times also reports from a letter reportedly sent by Yates to justice department lawyers:The New York Times also reports from a letter reportedly sent by Yates to justice department lawyers:
I am responsible for ensuring that the positions we take in court remain consistent with this institution’s solemn obligation to always seek justice and stand for what is right.I am responsible for ensuring that the positions we take in court remain consistent with this institution’s solemn obligation to always seek justice and stand for what is right.
At present, I am not convinced that the defense of the executive order is consistent with these responsibilities nor am I convinced that the executive order is lawful.At present, I am not convinced that the defense of the executive order is consistent with these responsibilities nor am I convinced that the executive order is lawful.
UpdatedUpdated
at 11.50pm GMTat 11.50pm GMT
11.20pm GMT11.20pm GMT
23:2023:20
Chuck Schumer, the Democratic minority leader in the Senate, steps up now.Chuck Schumer, the Democratic minority leader in the Senate, steps up now.
The order will make us unsafe, the order will make us inhumane and the order will make us less American.The order will make us unsafe, the order will make us inhumane and the order will make us less American.
The nations of the world will no longer look up to us …The nations of the world will no longer look up to us …
We will fight this with everything we have and we will win this fight.We will fight this with everything we have and we will win this fight.
11.17pm GMT11.17pm GMT
23:1723:17
Right now, Democrats are holding a protest against Trump’s travel ban on the steps of the supreme court. They want the president to rescind the executive order.Right now, Democrats are holding a protest against Trump’s travel ban on the steps of the supreme court. They want the president to rescind the executive order.
Nancy Pelosi, the house minority leader, says:Nancy Pelosi, the house minority leader, says:
What the president did undermines our values.What the president did undermines our values.
What the president did is not constitutional … In the view of many of us, it is immoral.What the president did is not constitutional … In the view of many of us, it is immoral.
Pelosi says the move is “reckless and rash”.Pelosi says the move is “reckless and rash”.
11.10pm GMT11.10pm GMT
23:1023:10
SummarySummary
Claire PhippsClaire Phipps
Former president Barack Obama – remember him? – has spoken out against Donald Trump’s controversial travel ban, with a spokesman saying he was “heartened” by protests against the executive order and that heFormer president Barack Obama – remember him? – has spoken out against Donald Trump’s controversial travel ban, with a spokesman saying he was “heartened” by protests against the executive order and that he
fundamentally disagrees with the notion of discriminating against individuals because of their faith or religion.fundamentally disagrees with the notion of discriminating against individuals because of their faith or religion.
A draft memo circulating among US diplomats said the ban would make the US less safe from terrorism, andA draft memo circulating among US diplomats said the ban would make the US less safe from terrorism, and
stands in opposition to the core American and constitutional values that we, as federal employees, took an oath to uphold.stands in opposition to the core American and constitutional values that we, as federal employees, took an oath to uphold.
The Council on American–Islamic Relations (Cair) has issued a lawsuit claiming the ban violates the first amendment of the constitution, which establishes the right to freedom of religion.The Council on American–Islamic Relations (Cair) has issued a lawsuit claiming the ban violates the first amendment of the constitution, which establishes the right to freedom of religion.
Thousands of people across the UK joined protests against the travel ban, marching in London, Edinburgh, Glasgow, Manchester and other cities.Thousands of people across the UK joined protests against the travel ban, marching in London, Edinburgh, Glasgow, Manchester and other cities.
The UN high commissioner for refugees Filippo Grandi said he was “deeply worried” about the executive order, which halts all refugees admissions for 120 days and suspends Syrian refugees indefinitely:The UN high commissioner for refugees Filippo Grandi said he was “deeply worried” about the executive order, which halts all refugees admissions for 120 days and suspends Syrian refugees indefinitely:
Refugees are anxious, confused and heartbroken at this suspension in what is already a lengthy process.Refugees are anxious, confused and heartbroken at this suspension in what is already a lengthy process.
But the White House press secretary, Sean Spicer, said the ban was “about the safety of America”:But the White House press secretary, Sean Spicer, said the ban was “about the safety of America”:
I think it’s a shame that people were inconvenienced, obviously, but at the end of the day we’re talking about a couple of hours.I think it’s a shame that people were inconvenienced, obviously, but at the end of the day we’re talking about a couple of hours.
Being able to come to America is a privilege, not a right.Being able to come to America is a privilege, not a right.
Find more in Tom McCarthy’s daily roundup here.Find more in Tom McCarthy’s daily roundup here.
8.50pm GMT8.50pm GMT
20:5020:50
Imraan Siddiqi, the head of CAIR Arizona and one of the activists involved in the CAIR legal suit against Trump’s executive order, tweeted about the lawsuit:Imraan Siddiqi, the head of CAIR Arizona and one of the activists involved in the CAIR legal suit against Trump’s executive order, tweeted about the lawsuit:
Oh BTW, I'm suing Trump. https://t.co/OJI06QmL7SOh BTW, I'm suing Trump. https://t.co/OJI06QmL7S
Should be fun. March for me if I get targeted by the state.Should be fun. March for me if I get targeted by the state.
In all seriousness, we fight for all those who are being unjustly targeted - & standing on the shoulders of targeted communities before us.In all seriousness, we fight for all those who are being unjustly targeted - & standing on the shoulders of targeted communities before us.
8.40pm GMT8.40pm GMT
20:4020:40
UNHCR 'deeply worried' about Trump travel banUNHCR 'deeply worried' about Trump travel ban
The UN High Commissioner for Refugees Filippo Grandi is “deeply worried” about Trump’s travel ban executive order, which halts all refugees admissions for 120 days and suspends Syrian refugees indefinitely.The UN High Commissioner for Refugees Filippo Grandi is “deeply worried” about Trump’s travel ban executive order, which halts all refugees admissions for 120 days and suspends Syrian refugees indefinitely.
In a statement, Grandi noted that 800 refugees due to arrive in the United States this week are now barred from entry.In a statement, Grandi noted that 800 refugees due to arrive in the United States this week are now barred from entry.
“UNHCR estimates that 20,000 refugees in precarious circumstances might have been resettled to the United States during the 120 days covered by the suspension announced Friday, based on average monthly figures for the last 15 years. Refugees are anxious, confused and heartbroken at this suspension in what is already a lengthy process,” reads the statement.“UNHCR estimates that 20,000 refugees in precarious circumstances might have been resettled to the United States during the 120 days covered by the suspension announced Friday, based on average monthly figures for the last 15 years. Refugees are anxious, confused and heartbroken at this suspension in what is already a lengthy process,” reads the statement.
Last year 96,874 refugees resettled in the United States, with 15,479 of them coming from Syria, according to US state department figures. But Trump’s decision affects the US’s global standing, said Grandi:Last year 96,874 refugees resettled in the United States, with 15,479 of them coming from Syria, according to US state department figures. But Trump’s decision affects the US’s global standing, said Grandi:
For decades, the United States has been a global leader in refugee protection, a tradition rooted in the tolerance and generosity of the American people. UNHCR hopes the US will continue its strong leadership role and its long history of protecting those who are fleeing conflict and persecution.For decades, the United States has been a global leader in refugee protection, a tradition rooted in the tolerance and generosity of the American people. UNHCR hopes the US will continue its strong leadership role and its long history of protecting those who are fleeing conflict and persecution.
7.43pm GMT7.43pm GMT
19:4319:43
Women's March organizer launches legal action against TrumpWomen's March organizer launches legal action against Trump
The Council on American‐Islamic Relations launched legal action against Donald Trump and his executive order travel ban in the eastern district court of Virginia today, callingThe Council on American‐Islamic Relations launched legal action against Donald Trump and his executive order travel ban in the eastern district court of Virginia today, calling
The lead plaintiff of the case is Linda Sarsour, the executive director of Arab American Association of New York and an organizer of the Women’s March on Washington on January 21.The lead plaintiff of the case is Linda Sarsour, the executive director of Arab American Association of New York and an organizer of the Women’s March on Washington on January 21.
The plaintiffs, a high-profile group of Muslim activists, lawyers and politicians, call it an “unconstitutional order” by a president who has led a campaign to fuel fear and discrimination against Muslims and that the order is “a legal manifestation of those bigoted views”.The plaintiffs, a high-profile group of Muslim activists, lawyers and politicians, call it an “unconstitutional order” by a president who has led a campaign to fuel fear and discrimination against Muslims and that the order is “a legal manifestation of those bigoted views”.
The legal complaint reads:The legal complaint reads:
President Trump’s Muslim Exclusion Order imposes upon Islam—the religion to which all of the Plaintiffs belong—the stigma of government disfavor. This condemnation, which has been cast to the general public pursuant to the Muslim Exclusion Order, signals to Plaintiffs’ fellow citizens that their faith is uniquely threatening and dangerous insofar as it is the only religion singled out for disfavored treatment.President Trump’s Muslim Exclusion Order imposes upon Islam—the religion to which all of the Plaintiffs belong—the stigma of government disfavor. This condemnation, which has been cast to the general public pursuant to the Muslim Exclusion Order, signals to Plaintiffs’ fellow citizens that their faith is uniquely threatening and dangerous insofar as it is the only religion singled out for disfavored treatment.
No accident that @lsarsour is lead plaintiff in lawsuit against Trump #MuslimBan. Will go down in history as SARSOUR v. TRUMP. Amazing. pic.twitter.com/wRUV3M96fINo accident that @lsarsour is lead plaintiff in lawsuit against Trump #MuslimBan. Will go down in history as SARSOUR v. TRUMP. Amazing. pic.twitter.com/wRUV3M96fI
Sarsour, a Palestinian-American who was born in Brooklyn, also led protests at JFK airport and in Battery Park over the weekend against the travel ban.Sarsour, a Palestinian-American who was born in Brooklyn, also led protests at JFK airport and in Battery Park over the weekend against the travel ban.
UpdatedUpdated
at 7.46pm GMTat 7.46pm GMT
7.31pm GMT7.31pm GMT
19:3119:31
A reporter asks about the 300 people around the world awaiting to board planes to the US and were not allowed because of the travel ban. Spicer dodges the question.A reporter asks about the 300 people around the world awaiting to board planes to the US and were not allowed because of the travel ban. Spicer dodges the question.
7.29pm GMT7.29pm GMT
19:2919:29
Spicer again speaking about the travel ban.Spicer again speaking about the travel ban.
“This is about the safety of America. This is why the majority of Americans agree with the president... these steps are frankly common sense steps to make sure we’re never looking at the rear-view mirror asking ‘we should have done something’”, says Spicer.“This is about the safety of America. This is why the majority of Americans agree with the president... these steps are frankly common sense steps to make sure we’re never looking at the rear-view mirror asking ‘we should have done something’”, says Spicer.
Does Trump have anything to say to protesters and those who the travel ban affects, a reporter asks.Does Trump have anything to say to protesters and those who the travel ban affects, a reporter asks.
“I think it’s a shame that people were inconvenienced, obviously, but at the end of the day we’re talking about a couple of hours,” says Spicer, saying he’d rather people had to wait at airports than encounter terrorism.“I think it’s a shame that people were inconvenienced, obviously, but at the end of the day we’re talking about a couple of hours,” says Spicer, saying he’d rather people had to wait at airports than encounter terrorism.
“Being able to come to America is a privilege, not a right,” says Spicer.“Being able to come to America is a privilege, not a right,” says Spicer.
“We have to wait in lines too,” says Spicer.“We have to wait in lines too,” says Spicer.
When quizzed if other countries would be added to the list of seven, Spicer says: “We don’t have to look at the families of the Boston marathon, the San Bernardino, to ask if we can go further. He adds that it’s possible extra countries will be added to the list.When quizzed if other countries would be added to the list of seven, Spicer says: “We don’t have to look at the families of the Boston marathon, the San Bernardino, to ask if we can go further. He adds that it’s possible extra countries will be added to the list.
7.16pm GMT7.16pm GMT
19:1619:16
Obama: 'heartened' by protests over travel banObama: 'heartened' by protests over travel ban
He’s back! A statement from Barack Obama about the mass rallies of people protesting around the country all weekend over Trump’s travel ban executive order.He’s back! A statement from Barack Obama about the mass rallies of people protesting around the country all weekend over Trump’s travel ban executive order.
Obama statement on the protests of Trump's Executive Order pic.twitter.com/EnLodhaG0TObama statement on the protests of Trump's Executive Order pic.twitter.com/EnLodhaG0T
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at 7.16pm GMTat 7.16pm GMT