The Note: Who Will Be the Next SCOTUS Nominee?

Day No. 12

TLDR: This evening at 8pm, Donald Trump will announce his nominee for the Supreme Court. It will come just about 24 hours after his firing of Acting Attorney General Sally Yates. Yates refused to defend the president's controversial executive order regarding immigration because she said she is not convinced it is "lawful."


--TRUMP WILL KEEP INTACT OBAMA-ERA ORDER PROTECTING LGBTQ WORKERS: The White House announced Tuesday that President Trump will leave intact a 2014 Obama-era order protecting LGBTQ employees who work for federal contractors from workplace discrimination, ABC’s MICHAEL EDISON HAYDEN and KATHERINE FAULDERS report. "President Donald J. Trump is determined to protect the rights of all Americans, including the LGBTQ community," the statement said. "The President is proud to have been the first ever GOP nominee to mention the LGBTQ community in his nomination acceptance speech, pledging then to protect the community from violence and oppression."

--TRUMP FIRES ACTING ATTORNEY GENERAL SALLY YATES FOR REFUSING TO DEFEND IMMIGRATION ORDER: The acting U.S. Attorney General, Sally Yates, was fired Monday night hours after she refused to defend President Trump's executive order regarding immigration because she is not convinced it is "lawful," according to a letter. In a statement, the White House said Yates "betrayed the Department of Justice" and was "weak on borders" and said she was being replaced by Dana Boente, the U.S. Attorney for the Eastern District of Virginia. ABC’s TOM LIDDY, GENEVA SANDS and MIKE LEVINE has more.

--TRUMP TWEETS AGAIN ABOUT “FAKE TEARS SCHUMER”: Trump clearly has landed on a new nickname for the Democratic Leader in the Senate, taking to Twitter this morning to lambaste the audio and visual features at Chuck Schumer and House Democratic Leader Nancy Pelosi’s rally in front of the Supreme Court last night, ABC’s ALI ROGIN and JORDYN PHELPS write. “Nancy Pelosi and Fake Tears Chuck Schumer held a rally at the steps of The Supreme Court and mic did not work (a mess)-just like Dem party!” Trump tweeted. Schumer told ABC’s MARY BRUCE yesterday that he would not “dignify” Trump’s digs, about his crying at a press conference at JFK Airport over the weekend, with a response.


WHITE HOUSE TELLS DISSENTING DIPLOMATS 'GET WITH THE PROGRAM' OR 'GO.’ White House spokesman Sean Spicer dismissed concerns being raised by career diplomats Monday over President Donald Trump's new executive order restricting immigration from several predominantly Muslim countries, telling them to "either get with the program, or they can go." ABC News first reported Monday morning that dozens of American foreign service officers and other diplomats around the world were preparing to file a formal objection to the executive order. ABC’s MIKE LEVINE has more:

PRESIDENT TRUMP ORDERS NEW LIMITS ON REGULATIONS. President Donald Trump signed an executive order Monday morning that he said will “dramatically reduce federal regulations” on businesses, notes ABC’s JORDYN PHELPS. “We’ll be reducing [regulations] big league and their damaging effects on our small businesses, our economy and our entrepreneurial spirit,” Trump said during a meeting with small business leaders. “The American dream is back, and we’re going to create an environment for small business like we haven’t had in many, many decades.”

OBAMA SAYS HE 'FUNDAMENTALLY DISAGREES' WITH DISCRIMINATION BASED ON RELIGION. Former President Barack Obama “is heartened by the level of engagement taking place in communities around the country,” but he “fundamentally disagrees” with discrimination based on faith or religion, his spokesman Kevin Lewis said Monday. President Trump signed an executive order on Friday calling for a suspension of immigration from seven Muslim-majority countries with ties to terror, including the suspension of the United States’ acceptance of Syrian refugees. ABC’s MERIDITH MCGRAW has more:

WHITE HOUSE DEFENDS HOLOCAUST STATEMENT THAT DOESN'T MENTION JEWS. White House press secretary Sean Spicer doubled down on a White House statement issued Friday on Holocaust Remembrance Day that has sparked backlash from some for not directly mentioning “Jews” or “anti-Semitism,” reports ABC’s JORDYN PHELPS. “The statement was written with the help of an individual who is both Jewish and the descendants of Holocaust survivors,” Spicer said Monday. “To suggest that remembering the Holocaust and acknowledging all of the people, Jewish, gypsies, priests, disabled, gays and lesbians. It is pathetic that people are picking on a statement.”

NO, FORMER PRESIDENT OBAMA DIDN'T BUILD A STATUE OF HIMSELF FOR THE WHITE HOUSE. An article making the rounds on Facebook falsely says that a bronze statue of former President Barack Obama will soon be in the entryway of the White House. But you won't be seeing it any time soon -- or any time at all. The story is fake. This story, headlined "WOW: Obama Orders Life-Sized Bronze Statute of Himself To Be Permanently Installed in White House," asserts that in the final hours of his presidency, Obama ordered the $200,000 life-sized statue of himself, notes ABC’s RYAN STRUYK.

POLICE USE PEPPER SPRAY ON ANTI-TRUMP PROTESTERS IN OHIO. Police in Ohio used pepper spray to disperse a crowd of unruly protesters rallying against President Donald Trump's executive order on immigration Monday night. Video posted on Twitter at around midnight on Tuesday showed police officers in gas masks spraying the crowd that gathered near the Ohio Statehouse brandishing anti-Trump signs and chanting. ABC’s KARMA ALLEN has more.

UNDERSTANDING KEY IMMIGRATION TERMS IN LIGHT OF TRUMP'S EXECUTIVE ORDER. President Trump’s executive action last week restricting admission to the United States for some immigrants raised a number of questions about the legal status of travelers to the country. Many of the classifications related to travel and immigration status are not interchangeable and define particular rights and allowances under law. ABC’s ADAM KELSEY notes some terms to know, based on information from the Department of Homeland Security, U.S. Citizenship and Immigration Services, the State Department and Immigration and Customs Enforcement:

ANALYSIS: TRUMP'S ORDER HEIGHTENS RISK OF EXTREMIST ATTACKS IN THE US, COUNTERTERROR EXPERT SAYS. President Trump said his executive order restricting entry into the U.S. of people from seven Muslim-dominated countries is to keep Americans safer, but one former Homeland Security official who is an ABC News contributor said the move could instead do the opposite by inspiring violent extremist attacks in the U.S., writes ABC’s MICHAEL EDISON HAYDEN.


@AP: Amazon's Jeff Bezos says company prepared to back lawsuit opposing President Trump's immigration, refugee order.

@MLevineReports: Trump replaces ICE acting director, puts veteran Tom Homan in charge. Homan was/is planning to retire; ICE even held goodbye for him last wk

@jeneps: Sessions to Yates in 2015: "Do you think the AG has the responsibility to say no to the pres if he asks for sthing improper?" Yes, she said

@CNNPolitics: Sen. Angus King: I'm going to vote to confirm Rex Tillerson, but I'm going to vote against confirming Jeff Sessions

@edatpost: To review: Acting AG fired. House GOP staffers worked with transition w/o bosses knowing. And a bobcat is still on the loose in Washington.