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Trump fires acting attorney general who said travel ban was not lawful – live
Trump fires acting attorney general who said travel ban was not lawful – live
(35 minutes later)
3.12am GMT
03:12
Some support for Trump from former Speaker of the House Newt Gingrich, who labels Yates “insubordinate” for her judgment that the president’s executive order was not lawful:
Trump practiced "you're fired for years". Today he applied it to an insubordinate acting atty general. Congratulations.
Updated
at 3.13am GMT
3.02am GMT
03:02
Sally Yates found out she had been fired via “a hand-delivered letter from the White House’s office of personnel”, the Wall Street Journal reports.
2.50am GMT
02:50
Dana Boente has already been sworn in as acting attorney general, the White House confirms, at 9pm ET.
The White House said he is now authorised to sign foreign surveillance warrants (Yates was previously the only person who could do so).
Boente would not have been the automatic next-in-line to Yates, some have pointed out:
Also, the next U.S. atty in line of succession was not Boente, but Zach Fardon. Did Trump go forum shopping for one who would follow orders?
Updated
at 3.09am GMT
2.43am GMT
02:43
Political reaction to Trump’s sacking of Sally Yates is coming in:
@realDonaldTrump acts like Dick Nixon in firing Sally Yates at "Justice(sic)".She's now an Elliot Richardson hero standing against tyranny
(In 1973, in the so-called “Saturday night massacre”, Richard Nixon fired his attorney general and deputy attorney general over their refusal to oust the Watergate prosecutor.)
Updated
at 2.46am GMT
2.34am GMT
2.34am GMT
02:34
02:34
Matt Zapotosky of the Washington Post says Dana Boente, the new acting attorney general, has already confirmed to him that he will reverse Yates’ position and tell justice department lawyers to defend the travel ban:
Matt Zapotosky of the Washington Post says Dana Boente, the new acting attorney general, has already confirmed to him that he will reverse Yates’ position and tell justice department lawyers to defend the travel ban:
The new Acting Attorney General, to me just now, on whether he'll enforce the immigration order. pic.twitter.com/Mcll4z6ish
The new Acting Attorney General, to me just now, on whether he'll enforce the immigration order. pic.twitter.com/Mcll4z6ish
2.27am GMT
2.27am GMT
02:27
02:27
Yates fired: full text of White House statement
Yates fired: full text of White House statement
The acting Attorney General, Sally Yates, has betrayed the Department of Justice by refusing to enforce a legal order designed to protect the citizens of the United States. This order was approved as to form and legality by the Department of Justice Office of Legal Counsel.
The acting Attorney General, Sally Yates, has betrayed the Department of Justice by refusing to enforce a legal order designed to protect the citizens of the United States. This order was approved as to form and legality by the Department of Justice Office of Legal Counsel.
Ms. Yates is an Obama Administration appointee who is weak on borders and very weak on illegal immigration.
Ms. Yates is an Obama Administration appointee who is weak on borders and very weak on illegal immigration.
It is time to get serious about protecting our country. Calling for tougher vetting for individuals travelling from seven dangerous places is not extreme. It is reasonable and necessary to protect our country.
It is time to get serious about protecting our country. Calling for tougher vetting for individuals travelling from seven dangerous places is not extreme. It is reasonable and necessary to protect our country.
Tonight, President Trump relieved Ms. Yates of her duties and subsequently named Dana Boente, U.S. Attorney for the Eastern District of Virginia, to serve as Acting Attorney General until Senator Jeff Sessions is finally confirmed by the Senate, where he is being wrongly held up by Democrat senators for strictly political reasons.
Tonight, President Trump relieved Ms. Yates of her duties and subsequently named Dana Boente, U.S. Attorney for the Eastern District of Virginia, to serve as Acting Attorney General until Senator Jeff Sessions is finally confirmed by the Senate, where he is being wrongly held up by Democrat senators for strictly political reasons.
“I am honored to serve President Trump in this role until Senator Sessions is confirmed. I will defend and enforce the laws of our country to ensure that our people and our nation are protected,” said Dana Boente, Acting Attorney General.
“I am honored to serve President Trump in this role until Senator Sessions is confirmed. I will defend and enforce the laws of our country to ensure that our people and our nation are protected,” said Dana Boente, Acting Attorney General.
2.26am GMT
2.26am GMT
02:26
02:26
The new acting attorney general – until Trump’s nominee, Jeff Sessions, is confirmed – will be Dana Boente, US attorney for the eastern district of Virginia, the White House says.
The new acting attorney general – until Trump’s nominee, Jeff Sessions, is confirmed – will be Dana Boente, US attorney for the eastern district of Virginia, the White House says.
2.20am GMT
2.20am GMT
02:20
02:20
Sally Yates fired
Sally Yates fired
The office of White House press secretary Sean Spicer has issued a statement saying that Sally Yates has been “relieved … of her duties” as acting attorney general:
The office of White House press secretary Sean Spicer has issued a statement saying that Sally Yates has been “relieved … of her duties” as acting attorney general:
And Sally Yates has been fired pic.twitter.com/Pbw0MxxNOt
And Sally Yates has been fired pic.twitter.com/Pbw0MxxNOt
Updated
Updated
at 2.24am GMT
at 2.24am GMT
2.16am GMT
2.16am GMT
02:16
02:16
Donald Trump might still be plugging away on Twitter now he’s in office, but at least one of his appointees with similarly eyebrow-raising tweet tendencies now appears to have gone offline.
Donald Trump might still be plugging away on Twitter now he’s in office, but at least one of his appointees with similarly eyebrow-raising tweet tendencies now appears to have gone offline.
General Michael Flynn, national security adviser to the president and formerly tweeting at @GenFlynn, seems to have deleted his account.
General Michael Flynn, national security adviser to the president and formerly tweeting at @GenFlynn, seems to have deleted his account.
CNN has a roundup of Flynn’s more controversial tweets, including one from February 2016 in which he declared:
CNN has a roundup of Flynn’s more controversial tweets, including one from February 2016 in which he declared:
Fear of Muslims is RATIONAL.
Fear of Muslims is RATIONAL.
Flynn also had to apologise last year after retweeting an antisemitic comment.
Flynn also had to apologise last year after retweeting an antisemitic comment.
Updated
Updated
at 2.18am GMT
at 2.18am GMT
2.01am GMT
2.01am GMT
02:01
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.
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:
Between late Friday and early Monday, it said:
348 visa holders were prevented from boarding US-bound flights.
348 visa holders were prevented from boarding US-bound flights.
More than 200 people landed in the US but were denied entry.
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.
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.
394 of those were legal permanent US residents holding green cards.
Updated
Updated
at 2.01am GMT
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 GMT
01:20
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.
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.
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 GMT
01:11
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.
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.
12.59am GMT
00:59
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:
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!
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.
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.
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.
(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/jaZ18KtJhS
Updated
at 1.22am 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.
Updated
at 12.47am GMT
12.18am GMT
00:18
872 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:
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.
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.
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 GMT
00:05
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.
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.
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:
This has unfolded with such speed that we haven’t had an opportunity to address the issues, the important legal issues.
11.55pm GMT
23:55
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:
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.
Trump does have the power to fire Yates ahead of that moment.
