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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)
2.01am GMT
02:01
The internal department of homeland security document seen by Reuters has some figures on the numbers of people already directly affected by the travel ban.
Between late Friday and early Monday, it said:
348 visa holders were prevented from boarding US-bound flights.
More than 200 people landed in the US but were denied entry.
More than 735 people were taken aside for questioning by customs and border protection officers in US airports.
394 of those were legal permanent US residents holding green cards.
Updated
at 2.01am GMT
1.42am GMT
01:42
Benjamin Haas
China cautiously weighed in on Donald Trump’s controversial ban on travellers from seven Muslim-majority countries, saying “reasonable concerns” must be taken into account.
“China believes that adjusting immigration and entry and exit policy is an act within each country’s sovereignty,” China’s foreign ministry said in a statement sent to Reuters.
“At the same time, relevant moves must also consider the reasonable concerns of relevant countries.”
The statement didn’t elaborate beyond that vague language.
China often says it is inappropriate for countries to “comment on the internal affairs of others”, in an attempt to deflect frequent criticisms of its own affairs by the US and Europe.
But as China works to take a greater role in global diplomacy, especially in the Middle East, it is having to rethink this long-held stance.
Sudan and Iran are both close allies of China, and were both targeted in the Trump executive order. And while China does not deny entry to entire countries, the government heavily restricts international travel based on ethnicity of its own citizens, particularly Muslim Uighurs and Tibetans.
1.33am GMT
01:33
Democrats have been protesting outside the supreme court on Monday evening against Trump’s travel ban.
(Separately, on Tuesday evening, the president is set to announce his nomination for the vacant seat on the supreme court. Barack Obama nominated Merrick Garland in March last year, an appointment that was blocked by Republicans.)
Rallying w/ @HouseDemocrats, @SenateDems & thousands of supporters to urge @WhiteHouse to revoke the unlawful #MuslimBan. Democracy rising! pic.twitter.com/IiIe5i22ux
Incredible scene here at the Supreme Court. This is what America is about- standing together for all faiths, families, and backgrounds. pic.twitter.com/vCUV13hNiB
1.20am GMT1.20am GMT
01:2001:20
Tom Perez, one of the contenders for DNC chair, has come out fighting for Sally Yates:Tom Perez, one of the contenders for DNC chair, has come out fighting for Sally Yates:
For nearly three decades, acting attorney general Sally Yates has served presidents of both parties, defending the constitution and holding terrorists and other criminals accountable. Acting attorney general Yates’s record is simply beyond reproach – that’s why she was confirmed with strong bi-partisan support.For nearly three decades, acting attorney general Sally Yates has served presidents of both parties, defending the constitution and holding terrorists and other criminals accountable. Acting attorney general Yates’s record is simply beyond reproach – that’s why she was confirmed with strong bi-partisan support.
The fact is that acting attorney general Yates, and every law enforcement official and credible attorney, knows Trump’s Muslim ban is illegal.The fact is that acting attorney general Yates, and every law enforcement official and credible attorney, knows Trump’s Muslim ban is illegal.
The acting attorney general is standing up to this dangerous executive order that goes against everything we stand for as a country and only puts more American lives at risk. We’re fortunate to have such dedicated public servants across the federal government who are committed to doing the right thing.The acting attorney general is standing up to this dangerous executive order that goes against everything we stand for as a country and only puts more American lives at risk. We’re fortunate to have such dedicated public servants across the federal government who are committed to doing the right thing.
Her independence and commitment to upholding the constitution is exactly what our country lacks if the Senate confirms Sen. Jeff Sessions. We’ve got to fight like hell to prevent that from happening.Her independence and commitment to upholding the constitution is exactly what our country lacks if the Senate confirms Sen. Jeff Sessions. We’ve got to fight like hell to prevent that from happening.
1.11am GMT1.11am GMT
01:1101:11
Trump has – of course – hopped on to Twitter to respond to the move by Sally Yates, acting attorney general (and an Obama nominee who’s in post until Trump’s own pick, Jeff Sessions is confirmed), who has instructed justice department lawyers not to defend the president’s travel ban.Trump has – of course – hopped on to Twitter to respond to the move by Sally Yates, acting attorney general (and an Obama nominee who’s in post until Trump’s own pick, Jeff Sessions is confirmed), who has instructed justice department lawyers not to defend the president’s travel ban.
I had assumed there was a follow-up tweet coming, but 25 minutes later am concluding that this might be it:I had assumed there was a follow-up tweet coming, but 25 minutes later am concluding that this might be it:
The Democrats are delaying my cabinet picks for purely political reasons. They have nothing going but to obstruct. Now have an Obama A.G.The Democrats are delaying my cabinet picks for purely political reasons. They have nothing going but to obstruct. Now have an Obama A.G.
12.59am GMT12.59am GMT
00:5900:59
Associated Press says the man Trump has cited as a source for his unsubstantiated claim that millions of people voted illegally in the election is himself registered to vote in three states:Associated Press says the man Trump has cited as a source for his unsubstantiated claim that millions of people voted illegally in the election is himself registered to vote in three states:
A man who President Donald Trump has promoted as an authority on voter fraud was registered to vote in multiple states during the 2016 presidential election, the Associated Press has learned.A man who President Donald Trump has promoted as an authority on voter fraud was registered to vote in multiple states during the 2016 presidential election, the Associated Press has learned.
Look forward to seeing final results of VoteStand. Gregg Phillips and crew say at least 3,000,000 votes were illegal. We must do better!Look forward to seeing final results of VoteStand. Gregg Phillips and crew say at least 3,000,000 votes were illegal. We must do better!
Gregg Phillips, whose unsubstantiated claim that the election was marred by 3 million illegal votes was tweeted by the president, was listed on the rolls in Alabama, Texas and Mississippi, according to voting records and election officials in those states. He voted only in Alabama in November, records show.Gregg Phillips, whose unsubstantiated claim that the election was marred by 3 million illegal votes was tweeted by the president, was listed on the rolls in Alabama, Texas and Mississippi, according to voting records and election officials in those states. He voted only in Alabama in November, records show.
Trump has made an issue of people who are registered to vote in more than one state, using it as one of the bedrocks of his overall contention that voter fraud is rampant in the US and that voting by 3 to 5 million immigrants illegally in the country cost him the popular vote in November.Trump has made an issue of people who are registered to vote in more than one state, using it as one of the bedrocks of his overall contention that voter fraud is rampant in the US and that voting by 3 to 5 million immigrants illegally in the country cost him the popular vote in November.
The AP found that Phillips was registered in Alabama and Texas under the name Gregg Allen Phillips, with the identical social security number. Mississippi records list him under the name Gregg A. Phillips, and that record includes the final four digits of Phillips’ social security number, his correct date of birth and a prior address matching one once attached to Gregg Allen Phillips. He has lived in all three states.The AP found that Phillips was registered in Alabama and Texas under the name Gregg Allen Phillips, with the identical social security number. Mississippi records list him under the name Gregg A. Phillips, and that record includes the final four digits of Phillips’ social security number, his correct date of birth and a prior address matching one once attached to Gregg Allen Phillips. He has lived in all three states.
At the time of November’s presidential election, Phillips’ status was “inactive” in Mississippi and suspended in Texas. Officials in both states told the AP that Phillips could have voted, however, by producing identification and updating his address at the polls.At the time of November’s presidential election, Phillips’ status was “inactive” in Mississippi and suspended in Texas. Officials in both states told the AP that Phillips could have voted, however, by producing identification and updating his address at the polls.
12.42am GMT12.42am GMT
00:4200:42
Protests across UK over proposed Trump visitProtests 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.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.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.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.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.
(UK officials have since advised that UK dual nationals will not be affected, but this remains unclear.)(UK officials have since advised that UK dual nationals will not be affected, but this remains unclear.)
The motion passed unanimously in House of Commons this eve condemning "Trump's discriminatory, divisive & counterproductive ban" pic.twitter.com/jaZ18KtJhSThe motion passed unanimously in House of Commons this eve condemning "Trump's discriminatory, divisive & counterproductive ban" pic.twitter.com/jaZ18KtJhS
UpdatedUpdated
at 1.22am GMTat 1.22am GMT
12.26am GMT12.26am GMT
00:2600:26
Full letter from acting attorney generalFull 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):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.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.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.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.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.
UpdatedUpdated
at 12.47am GMTat 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 GMT
23:37
Attorney 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.
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:
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.
Updated
at 11.50pm GMT
11.20pm GMT
23:20
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 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.
11.17pm GMT
23:17
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.
Nancy Pelosi, the house minority leader, says:
What the president did undermines our values.
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”.
11.10pm GMT
23:10
Summary
Claire 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 he
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, and
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.
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:
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”:
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.
Find more in Tom McCarthy’s daily roundup here.
8.50pm GMT
20:50
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:
Oh BTW, I'm suing Trump. https://t.co/OJI06QmL7S
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.
8.40pm GMT
20:40
UNHCR '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.
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.
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.
7.43pm GMT
19:43
Women'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, 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 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:
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/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.
Updated
at 7.46pm GMT
7.31pm GMT
19:31
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.
7.29pm GMT
19:29
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.
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.
“Being able to come to America is a privilege, not a right,” 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.
7.16pm GMT
19:16
Obama: '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.
Obama statement on the protests of Trump's Executive Order pic.twitter.com/EnLodhaG0T
Updated
at 7.16pm GMT