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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)
3.37am GMT
03:37
Trump has also just fired the acting director of US Immigration and Customs Enforcement (ICE), Daniel Ragsdale.
A statement from the department of homeland security announces Thomas Holman as the new acting director – but doesn’t mention Ragsdale at all.
No reason for the change is given.
3.29am GMT
03:29
Spencer Ackerman
In a sign of the turbulent waters in which Trump is swimming, it is unclear if the new acting attorney general can sign national security surveillance requests.
According to the seminal Foreign Intelligence Surveillance Act, the central pillar of domestic national security surveillance law, only the attorney general, deputy attorney general or designated assistant attorney general for national security may sign off on surveillance requests submitted to the secret Fisa court.
But the attorney general and deputy attorney general require Senate confirmation. The assistant attorney general for national security’s designation requires approval by the attorney general. (The justice department’s national security division is currently run by an interim appointee.)
Although the new acting attorney general Dana Boente was confirmed by the Senate as a US attorney in Virginia, it is an unsettled question whether his current interim role gives him sufficient powers for the sensitive surveillance requests.
Mike German, an FBI counterterrorism agent and surveillance law expert, said the Boente appointment had created an “unprecedented” situation for surveillance law, but thought that the Fisa court was unlikely to stand in the way of a surveillance request.
“The Fisa court doesn’t have a long history of finding reasons to reject [requests], and if it were to err here, it’d be on the side of authorizing the new acting attorney general to sign the warrants,” German said.
The White House indicated to pool reporters it believes Boente would possess the requisite surveillance authority.
3.23am GMT
03:23
Chuck Schumer, the Democratic minority leader in the Senate, says news of Yates’ sacking is “chilling”, pointing out that the attorney general’s duty is to the law and the constitution, rather than to the president:
The AG should pledge fidelity to the law & the Constitution not the WhiteHouse. The fact that this admin doesnt understand that is chilling.
Nancy Pelosi, Democratic leader in the house, says Trump fired Yates “to get the answer he wants” on the legality of his travel ban:
Tonight, the acting attorney general was fired for upholding the constitution of the United States. What the Trump administration calls betrayal is an American with the courage to say that the law and the constitution come first.
President Trump’s executive order violates the constitution, dishonors our values, and weakens the security of the United States. National security experts are warning that the president’s ban will make it harder, not easier to defeat terror.
Earlier tonight, House Republicans blocked Democrats’ emergency bill to rescind this dangerous and unconstitutional executive order. Now, President Trump has fired the acting attorney general to get the answer he wants.
Republicans will have to decide whether they will be complicit in the President’s reckless, wrathful and unconstitutional agenda.
3.12am GMT3.12am GMT
03:1203:12
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: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.Trump practiced "you're fired for years". Today he applied it to an insubordinate acting atty general. Congratulations.
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at 3.13am GMTat 3.13am GMT
3.02am GMT3.02am GMT
03:0203:02
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.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 GMT2.50am GMT
02:5002:50
Dana Boente has already been sworn in as acting attorney general, the White House confirms, at 9pm ET.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).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: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?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?
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at 3.09am GMTat 3.09am GMT
2.43am GMT2.43am GMT
02:4302:43
Political reaction to Trump’s sacking of Sally Yates is coming in: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@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.)(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.)
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at 2.46am GMTat 2.46am GMT
2.34am GMT2.34am GMT
02:3402:34
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/Mcll4z6ishThe new Acting Attorney General, to me just now, on whether he'll enforce the immigration order. pic.twitter.com/Mcll4z6ish
2.27am GMT2.27am GMT
02:2702:27
Yates fired: full text of White House statementYates 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 GMT2.26am GMT
02:2602:26
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 GMT2.20am GMT
02:2002:20
Sally Yates firedSally 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/Pbw0MxxNOtAnd Sally Yates has been fired pic.twitter.com/Pbw0MxxNOt
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at 2.24am GMTat 2.24am GMT
2.16am GMT2.16am GMT
02:1602:16
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.
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at 2.18am GMTat 2.18am GMT
2.01am GMT2.01am GMT
02:0102:01
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.
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at 2.01am GMTat 2.01am GMT