Donald Trump's travel ban is "not expected" to be reinstated tonight, according to a statement from the appeals court obtained by Reuters.

At 3pm in San Francisco (11pm in the UK) an appeals court, consisting of three judges, will hear an hour of oral testimony from Mr Trump's team, and from teams representing Washington and Minnesota - the two states that have caused the block on the travel ban.

Sean Spicer, the White House press secretary, insisted earlier today that Mr Trump is confident his travel ban will be reinstated this afternoon.

Mr Spicer says that the president understands and believes in the separation of powers, and judicial integrity.

In brief | What is the separation of powers?

But he insisted Mr Trump's ban was lawful, and would be restored.

"What we need to do is to remind people that the Earth is a very dangerous place these days," he said.

"That ISIS is trying to do us harm. And that the president's commitment is to keep the country safe."

The court could then decide, swiftly, to restore the seven nation ban, or to maintain the halt. Either way, it is likely to then be appealed to the Supreme Court.

Earlier on Tuesday the vice president, Mike Pence, was forced to go to the Capitol to vote in favour of Mr Trump's education secretary, Betsy DeVos, and secure her nomination. Two Republican senators, Susan Collins (Maine) and Lisa Murkowski (Alaska) became the first senators to oppose a Trump Cabinet pick, joining all Democrats.

Chuck Schumer, the Democrat leader, immediately reacted with disgust.

This cabinet nom is so unqualified, so divisive, that @MikePenceVP had to drive down Pennsylvania Ave to cast the deciding vote.

Mr Trump spent the morning meeting with sheriffs and with veterans' affairs leaders, and the afternoon welcoming the winning Super Bowl team to the White House.

Two of the players, however, have said they are boycotting the visit in protest at Mr Trump's policies.

12:10AM

Mr Flentje, the justice department lawyer, has been given five minutes to respond. He goes in hard on the argument that this is not a ban that discriminates against Muslims.

If it were, he said, that might be problematic for the constitution and other US laws.

"But that's not the order we have here," he said. "This is limited to the countries defined by congress."

He again appeals that the judges should at least allow those parts of the executive order affecting people with no current connections to the US, to go ahead.

Mr Flentje also said it was "extraordinary" that the court would "enjoin the president's national security determination based on some newspaper articles".

11:57PM

Judge Clifton says Mr Purcell is making allegations without providing sufficient evidence to back his claims.

Mr Purcell said he intends to file more evidence to the district court.

11:56PM

The judges are also taking a tough line of questioning with the opposing camp. One judge asked how Noah Purcell, representing the states of Washington and Minnesota, could allege that the executive order is a motivated by a desire to discriminate against Muslims - the core point - when the populations of the seven countries named in the ban make up only a small percentage of Muslims worldwide.

Mr Purcell said he did not have to hand the statistics on what percentage of Muslims come from the seven named countries, and admitted he had not considered this line of argument.

But he said there was evidence of animus towards Muslims: "For starters the president called for a complete ban on Muslims," Mr Purcell said, citing comments made by Rudy Giuliani, Mr Trump's ally in a television interview.

"I’ll tell you the whole history of it: When he first announced it, he said ‘Muslim ban,'" Mr Giuliani told Fox News. He said Mr Trump had called him up and asked him to "put a commission together" to show him the right way to "do it legally". Coming up against US religious discrimination laws, Mr Giuliani said that he instead advised making the ban about "danger" instead of religion.

11:51PM

Story continues

One key debate was whether only the text of the executive order was to be considered, or the motivation behind it. That is important because there is no mention of a "Muslim ban" in the order, but allies of Mr Trump had said this policy evolved from that proposal during the campaign.

August Flentje argued that the court should limit its ruling to the "four corners of the document", while Noah Purcell said the order was motivated in part by a "desire to harm Muslims."

11:48PM

How many people had actually been affected by the ban?

Mr Purcell also faced sharp questions, with the judges asking him how many residents of Washington - the state that brought the suit - had actually been affected by the ban.

He argued that everyone in the state had been harmed by the prejudice toward Muslims under the order, not just those who had been banned.

View photos Noah Purcell speaks to the press earlier in the week - Credit: Getty Images More

11:43PM

Does this ban cause irreparable harm?

Noah Purcell, the Washington state solicitor general representing the states of Washington and Minnesota, is arguing to maintain the restraining order on the basis that there would be renewed "chaos" under the executive order.

He said the government had shown no evidence that returning to the "status quo" was causing America irreparable harm.

Conversely, he says his state had suffered in the day the executive order was imposed. He said "students were stranded overseas", "families were separated" and there was lost tax revenue.

11:39PM

August Flentje appears to limit scope of his argument

August Flentje, special counsel to the assistant attorney general, appears to have limited the scope of his argument. He appealed to the judges to at least apply the president's ban to people "who have never been to the United States," and don't have connections here.

He also recognised the skepticism of the judges, saying at one point: "I'm not sure I'm convincing the court".

11:33PM

Does a president have the power to ban Muslims outright?

Judges William Canby asks August Flentje, the justice department lawyer, a provocative question: Would the president have legal authority to impose an outright ban on Muslim entry?

Mr Flentje refused to bite: "This is a far cry from that situation"

11:32PM

Summary of the hearing so far

The Justice department, fighting to lift the restraining order from Donald Trump's travel ban has made the first statements in the oral hearing at the San Francisco court of appeals.

Attorney August Flentje, special counsel for the US justice department, argued that the suspension of the executive order had "upset the balance" that Mr Trump had set when weighing up the options "welcoming people to this country" versus the risk of terrorism.

The panel of judges asked the lawyer if there was evidence to support the claim that nationals from the seven Muslim-majority countries that Mr Trump has placed an immigration ban on have committed acts of terror in the United States.

Mr Flentje repeatedly said the "proceedings are moving quickly", an explanation that did not seem to impress the judges.

Judge Michelle Friedland noted that it was the administration that requested the emergency hearing, asking Mr Flentje why the hearing was being held in the first place if the government was not prepared to make its case.

Mr Flentje responded that the seven countries are the same ones that in 2015 and 2016 the US congress decided posed greatest threat from terrorism and restricted visa waivers to people travelling from these countries.

Judges responded that this was a general reason, and asked for specific examples of attempted terror attacks on US soil that would help merit the urgency with which the White House is trying to impose this ban.

The lawyer responded that the president had "determined that there was a real risk".

He said a number of people from Somalia - one of the banned countries - had been convicted, for matters relating to the al-Shebaab extremist group.

The judges asked if this conviction was on record, so that they could study it. The lawyer said it was not.

11:18PM

Court arguments begin over Donald Trump's travel ban

Arguments have begun in a US appeals court in a lawsuit over president Donald Trump's travel ban. The Telegraph's Ruth Sherlock writes:

Donald Trump's travel and immigration ban is facing its biggest legal test on Tuesday night as supporters and opponents are making their case before a panel of judges that will determine the immediate fate of the president's most controversial initiative.

Opponents of the ban will argue that Mr Trump's decision had "unleashed chaos" at airports in America and around the world, as thousands - including green card holders - found themselves banned from boarding their planes or detained on arrival.

But Justice department will counter to the panel of judges at the appeals court in San Francisco, where the case is being heard, that the president alone has the power to decide who can enter or remain in the United States.

Judges are expected make a decision on the high-stakes legal battle later this week, giving several more days of reprieve to foreigners from the seven Muslim-majority countries, and certain refugees, whom Mr Trump's executive order blocked from entering the country.

Whatever the court decides, either side could is likely to then ask the Supreme Court to intervene.

At issue is whether or not to uphold a ruling by James Robart, a federal judge in Seattle who last week blocked key parts of the travel ban, allowing entry to refugees and other immigrants who found themselves banned from the US in the hours after the executive order was imposed.

The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned! — Donald J. Trump (@realDonaldTrump) 4 February 2017

Mr Trump, who reacted to the stay by angrily referring to Mr Robart as a "so-called" judge, said on Tuesday that couldn't believe his administration had to fight in the courts to uphold a policy he said would protect the country.

"If you remember Isis said 'We are going to infiltrate the United States and other countries through the migration'. And then we’re not allowed to be tough on the people coming in? Explain that one."

As well as Washington state and Minnesota, the plaintiffs in the case, fifteen other states - including New York, California, Massachusetts and Virginia - filed briefs to the court arguing that reinstating the ban would cause harm to key institutions including public universities and businesses that "sustain our economies".

Over 100 tech firms, including Google, Facebook and Apple, have joined the legal battle against the executive order temporarily arguing that the restrictions interfere with hiring and business operations.

They argued in an amicus brief to the court immigrants play a disproportionate role in establishing companies, setting up over a quarter of all new US businesses between 2006 and 2010.

On Monday, the Trump administration responded that the states were asking the courts “to take the extraordinary step of second-guessing a formal national-security judgment made by the president himself pursuant to broad grants of statutory authority".

The panel hearing the arguments includes two Democrat-appointed judges and one Republican appointee, and San Francisco has a reputation for being a liberal leaning court.

If the case does end up before the Supreme Court, it could prove difficult to find the necessary five votes to undo a lower court order. The Supreme Court has been at less than full strength since Justice Antonin Scalia's death a year ago. The last immigration case that reached the justices ended in a 4-4 tie.

How and when a case might get to the Supreme Court is unclear. The travel ban itself is to expire in 90 days, meaning it could run its course before a higher court takes up the issue. Or the administration could change it in any number of ways that would keep the issue alive.

10:29PM

Court says ruling unlikely Tuesday on travel ban

A spokesman for the 9th US circuit court of appeals says it's unlikely the court will issue a ruling on Tuesday in the lawsuit over President Donald Trump's travel and refugee ban.

Spokesman David Madden said a ruling is likely later this week.

He said the proceedings in San Francisco later on Tuesday could last longer than 60 minutes depending on questioning by the judges. Each side has been granted 30 minutes of argument in the hearing, which will be held by telephone.

9:32PM

Incredibly combative interview with Trump's chief adviser continues

The CNN host, Jake Tapper, is grilling Kellyanne Conway, Mr Trump's adviser.

It is quite gripping.

View photos Kellyanne Conway watches Donald Trump sign an executive order More

She is asked about Mr Trump's assertion that the murder rate is soaring to levels not seen for decades, but she says:

Perhaps he is relying on data - I don't know where that data is from. But I will talk to you about the roundtable with sheriffs. They said it was the first time they had been asked what do you need.

Tapper concludes the interview, saying he would love to talk about all that - but the lies and the attacks on the media and judges must stop.

9:28PM

Kellyanne Conway: "I am being attacked"

Ms Conway

I am going to keep soldiering on. I have on my portfolio to veterans' affairs, women and children.

She is rebuked for not answering the question: Tapper says why do you say that everything we do is fake?

She replies that "some outlets, some people" are covering him in the same way as during the campaign.

It doesn't have the respect for his office. I would put an olive branch to you and your network; he has issued dozens of executive orders. You are covering one of them. It wasn't done for President Obama, it wasn't done for President Clinton. So I am beseeching everyone to calm down.

View photos Kellyanne Conway More

She is asked about the "Bowling Green massacre".

I felt badly about that. But I am happy to have raised awareness. I was referring to two Iraqi nationals who came to America, and are still in jail. But it was not covered enough at the time. It's really important because the judge in the Seattle case, Judge Robart, asked how many people have been arrested from those countries since 9/11. And he said "I'll tell you: zero." And that's not true - the Bowling Green Iraqis. We have a very high respect for the media. And I am sorry I misspoke. I should have said masterminds, not massacre. We have a high respect for facts. But the wages raised, the jobs created, the people who stop us and say thank you. That is not covered.

9:18PM

Kellyanne Conway on whether the media deliberately does not report terrorism

Some - like Nice and Paris - are well covered. We can't allow ourselves to become inured to this; that it's the new normal. We want people to realise that that's why he wants extreme vetting.

View photos Kellyanne Conway More

There seems to be some coverage that perhaps terrorism is not a problem. Or national security is not a problem.

Ms Conway is asked why Mr Trump did not respond when six Canadians were murdered in a mosque in Quebec - and why he rushed to react when a terrorist attempted to attack a site near the Louvre last week.

He is sympathetic to any loss of life. It's senseless and needs to stop. Of course we are sad about the loss of life here. I am glad that the prime minister of Canada is coming here next week; I am sure they will talk about that. He does not tweet about everything. He does not make a comment about everything.

The CNN host, Jake Tapper, asks whether he did not tweet about the Quebec terrorist attack because the victims were Muslims.

Ms Conway denied that.

And she defended the ban.

It is temporary; it is not narrowly prescribed.

9:11PM

Does Trump think America and Russia are moral equivalents?

No. He's just answering the question as asked. There seems to be charge and accusation that he and president Putin are BFFs. That is not the case. When he met with Theresa May, he said that possibly he will have a good relationship with him; possibly he won't. He has had a phone call with him. I don't think it's a moral equivalence. He is stating two different opinions on two matters.; one of them was Iraq.

View photos Trump Putin More

9:08PM

Kellyanne Conway speaks to CNN

She is asked about Betsy DeVos:

We run a big tent party here; there will be disagreements. But I'm pleased she'll be sworn in. The president has made clear that she wants to repeal common core. Children should not be restricted for education opportunities just by where they live.

9:06PM

Kellyanne Conway about to speak live on CNN

Mr Trump's key adviser is going to appear live on CNN shortly.

That's interesting because the White House offered her to the channel at the weekend - but CNN turned the offer down, saying she was not credible.

In recent days she has been pilloried for speaking about "alternative facts," and for inventing the "Bowling Green massacre" to justify the travel ban.

A little while ago, though, Sean Spicer defended her .

8:50PM

Trump's "lighthearted" offer to send US troops into Mexico?

The Associated Press reported last week on an excerpt from the conversation's transcript in which Donald Trump told Mexican president Enrique Pena Nieto he might send US troops to deal with Mexican drug cartels.

Mexico's government denied the comments.

A White House official later confirmed the comments, but said they were meant to be "lighthearted."

View photos Mexico's president, Enrique Pena Nieto More

Mr Trump then said in a weekend interview with Fox News that he made the offer, and that Mr Pena Nieto seemed interested in help.

Mexico's presidential spokesman says that the president's office did not record the call, and that foreign troops would never be allowed to operate in Mexico.

Eduardo Sanchez made the comments on Tuesday on a television news show in Mexico.

7:41PM

Super Bowl-winning players boycott White House

Our DC correspondent (and Boston-born, die-hard Patriots fan) David Lawler writes:

Two players from the Super Bowl champion New England Patriots have announced they will boycott the customary visit to the White House taken by championship teams. “I’m not going to the White House," Devin McCourty, a safety, told Time magazine. "Basic reason for me is I don't feel accepted in the White House. With the president having so many strong opinions and prejudices I believe certain people might feel accepted there while others won't." Tight end Martellus Bennett will also be skipping the ceremony. Donald Trump boasted during the presidential campaign of his friendships with Bill Belichick and Tom Brady, the Patriots' legendary coach and quarterback. He has also known Bob Kraft, the team's owner, for many years.

View photos Super Bowl - Credit: Getty More

7:22PM

Sean Spicer wraps up the briefing

So what did we learn?

According to Sean Spicer, the White House press secretary:

The world is a very scary place. The president is confident that the travel ban will be reinstated tonight. Iran should realise "there is a new president in town", and change its behaviour. Betsy DeVos's contentious approval process was shameful. Spicer strongly defended the president's saying the media did not cover terrorism.

7:18PM

Who does Donald Trump want to enter the US?

Mr Trump has said that he only wants people in the US who "love the United States".

View photos Protests in London against the travel ban - Credit: Rex More

Sean Spicer is asked what that means:

The president's goal is to ensure that people are coming here for the right reasons. If someone is coming here to do us harm, we need to do everything we can to a) vet them, and b) if we are unsure keep them out. If there is any cause for concern, we want to make sure that the people who enter this country are doing so for the right reasons and safe reasons.

7:15PM

Are countries going to be added to the travel ban?

Sean Spicer says:

What his point was; right now we are not adding countries.

We are still in the review process.

But as of this moment, there is no immediate desire to add to that.

Nothing is final until the end of the review period.

7:09PM

Spicer on Iran

Iran's supreme leader today made his first public comments about Trump (see 5:22pm).

Mr Spicer says:

This president is not going to sit by and let Iran flaut its obligations. But I think Iran is kidding itself if it does not realise there is a new president in town.

7:07PM

Spicer on Yemen raid

Reports have suggested that the raid in Yemen, in which a Navy Seal died, was actually aimed at capturing or killing a terrorist leader.

It was his first military action ordered as president, and is being questioned as possibly poorly-organised.

Mr Spicer denies this.

The raid that was conducted in Yemen was an intelligence gathering raid. That is what it was. The goal of the raid was intelligence gathering. That's what we received; that's what we got; that's why we deem it a success.

7:03PM

Spicer defends Kellyanne Conway

Kellyanne Conway, one of Mr Trump's closest advisers, was reportedly turned down from CNN this weekend, when they White House offered her for one of their shows.

CNN reportedly said that she lacked credibility, following her "alternative facts" comment and reference to the non-existent "Bowling Green massacre".

Mr Spicer defended her, saying it was insulting to question her competence.

I think Kellyanne is a very trusted aide of the president. I think to -- for any characterization otherwise is -- is insulting. I don't think -- if they choose not to work with someone, that's up to them. But I think we're going to continue to put out key leaders in this administration, including Kellyanne, that can articulate the president's policies and agenda.

View photos Kellyanne Conway More

6:59PM

Spicer asked about "so-called judge"

Over the weekend Mr Trump called Judge James Robart a "so-called judge".

The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned! — Donald J. Trump (@realDonaldTrump) February 4, 2017

Because the ban was lifted by a judge, many very bad and dangerous people may be pouring into our country. A terrible decision — Donald J. Trump (@realDonaldTrump) February 4, 2017

Just cannot believe a judge would put our country in such peril. If something happens blame him and court system. People pouring in. Bad! — Donald J. Trump (@realDonaldTrump) February 5, 2017

Mr Spicer is asked about his laying the blame at the feet of the federal judge, and says:

The tweet is very clear. He is doing everything he can. He walks into office, and there are already seven countries that Obama has said are a threat. There is no question that the president respects the judicial branch. But I also think there is no way that you can interpret the law as thinking he is wrong. I believe we will prevail on this, as it was done in a lawful way.

6:57PM

Spicer questioned about the terrorism list

The White House last night published a list of 78 terrorist attacks which it said was under reported.

The list has caused controversy, as it contains attacks which were given a lot of attention - Paris, Brussels, Orlando - and a murder in Australia of a British backpacker.

Mr Spicer is asked if the list was drawn up after Mr Trump said yesterday that they media was deliberately under reporting terrorism, and he appeared to say yes.

Explaining the list, he said:

We want to be very clear, that there are a lot of examples between 2014 and 2016 that have occurred. And many of them haven't got the attention they have deserved. It's becoming too often that we're seeing these attacks not get the spectacular attention they deserve. And I think it undermines the understanding of the threat that we face around the country. The reason the president is acting in so many of the ways he has, with executive order and otherwise. The discussions that he had down at CENTCOM and SOCOM yesterday are because he cares about making sure that we don't have attacks in this country. That we're protected, that we're ahead of the curve. And I think what we need to do is to remind people that the Earth is a very dangerous place these days. That ISIS is trying to do us harm. And that the president's commitment is to keep the country safe. And I think part of this is to make sure the American people are reminded how prevalent some of these attacks are and how much time and attention they have or have not gotten, but more importantly, to make sure that they understand the unwavering commitment that the president has and the actions they will take to keep the country safe.

6:54PM

Spicer on travel ban

Mr Spicer says that this afternoon the courts will decide whether to continue the status quo, or whether to reinstate the ban.

6:50PM

Spicer on DeVos appointment

Mr Spicer says that the face Mike Pence, the vice president, had to travel to the Capitol to cast his vote is "another glaring reminder of the unprecedented obstacles" put in the president's way.

He repeats multiple times that Betsy DeVos is a "qualified nominee".

Read more on the battle for her approval here.

6:46PM

Sean Spicer begins press conference

He's updating the press on President Donald Trump's meetings with the military yesterday, and with sheriffs and veterans' associations today.

He says the sheriffs told Mr Trump they had been encouraged by the emphasis on law and order.

View photos Sean Spicer More

6:35PM

United Airlines CEO unhappy at travel ban

Our US correspondent, David Milward, writes:

United Airlines CEO Oscar Munoz was surely pleased by a federal judge’s decision to stop (at least for now) the travel ban affecting people from seven Muslim-majority countries. In a letter to employees last week, Mr Munoz reiterated the Chicago-based airline’s commitment to diversity. “We are a company representing every creed and conviction, background and belief. It is these differences that strengthen us and unite us as a company and a country,” he wrote.

View photos United Airlines More

In an interview, Mr Munoz told me the letter was meant to show support for employees struggling with emotions over President Donald Trump‘s executive order. The resulting chaos was “distressful” for many at the company, he said. “At the end of the day, we all come from immigrants,” said Mr Munoz, whose father emigrated from Mexico. “I keep reminding them that we are a family together” and can’t be “divided by external factors.” “We need to figure out what the details are in the plans and what they’re going to cost,” said Mr Munoz. “But at the end of the day, O’Hare, as the mayor likes to say, is going to be one of our shining gems in the city of Chicago.” Mr Munoz has been at the helm of United since 2015. A year ago, the health-conscious triathlete suffered a heart attack and had a heart transplant. As he zipped through McCormick Place, it’s clear Mr Munoz’s quick step and firm handshake have returned.

6:21PM

Sean Spicer to give his first press conference since SNL

Saturday Night Live lambasted Sean Spicer, the White House press secretary, at the weekend.

Mr Spicer said it was "mean" that the show attacked him and Donald Trump, played by Alec Baldwin.

"Alec has gone from funny to mean and that's unfortunate. SNL used to be really funny. There's a streak of meanness now that they've crossed over to mean."

Spicer also revealed he didn't know about the impression of him until he was bombarded with messages on Sunday morning.

The press secretary said he got so many messages he thought there was a national emergency.

6:08PM

Betsy DeVos confirmed

5:47PM

Betsy DeVos confirmed as education secretary

From our Washington DC reporter, David Lawler:

Donald Trump has just scored a very, very narrow victory as Betsy DeVos, his controversial nominee for education secretary, was confirmed in the Senate. With two of the upper chamber's 52 Republicans crossing party lines and the Democrats unified in opposition, the Senate was split 50-50. Mike Pence, the vice-president, was then called upon to break the deadlock, the first time that has ever happened for a cabinet nominee. That was not the only unusual maneuver required to get Mrs DeVos across the finish line. The confirmation vote for Jeff Sessions, the senator and soon-to-be attorney general, was delayed so he could vote "aye" in what will probably be the final vote of his Senate career. Cabinet nominees are only rarely rejected, particularly when the president's party also controls the Senate. Mr Trump has avoided an embarrassing setback, but only just. Teachers' unions and progressives had vigorously fought Mrs DeVos' nomination. She is a billionaire philanthropist who married into a family of longtime Republican donors, and Democratic senators held the floor for hours on Monday to depict her as unqualified and try and get one more Republican to switch sides. Her struggles during the confirmation hearings are all in the past now, though, and she will shortly be sworn into the cabinet.

5:22PM

Iran's supreme leader responds to his country "put on notice"

Ayatollah Ali Khamenei has dismissed the US decision to put Iran "on notice" over its missile tests and called President Donald Trump the "real face" of American corruption.

In his first speech since Mr Trump's inauguration, Iran's supreme leader called Iranians to take part in demonstrations on Friday, the anniversary of Iran's 1979 Islamic revolution, to show they were not frightened of American "threats".

He said:

"We are thankful to (Trump) for making our life easy as he showed the real face of America."

View photos Supreme Leader Ayatollah Ali Khamenei More

He said Mr Trump had confirmed "what we have been saying for more than 30 years about the political, economic, moral and social corruption in the US ruling system."

Iran analysts said his comments were relatively restrained as they included no threat to respond militarily.

"(Trump) says 'you should be afraid of me'. "No! The Iranian people will respond to his words on Feb. 10 and will show their stance against such threats."

Mr Trump responded to a Jan. 29 Iranian missile test by saying "Iran is playing with fire" and imposed fresh sanctions on individuals and entities, some of them linked to Iran's elite Revolutionary Guards.

The White House said the missile test was not a direct breach of Iran's 2015 nuclear pact with six world powers, but that it "violates the spirit of that"..

Iranian Foreign Minister Mohammad Javad Zarif said Tehran would not renegotiate the nuclear deal that Mr Trump consistently criticised as being a gift to the Islamic Republic.

Mr Zarif told Tuesday's edition of Ettelaat daily:

"I believe Trump will push for renegotiation. But Iran and European countries will not accept that. "We will have difficult days ahead."

President Hassan Rouhani backed Khamenei's call for Iranians to rally across the country on Friday to "show their unbreakable ties with the Supreme Leader and the Islamic Republic."

4:48PM

Pizza persuasion?

My colleague in DC, David Lawler, has been observing the fight over Betsy DeVos's nomination as education secretary.

He writes:

The nomination of Betsy DeVos for education secretary has kept phone lines busy in senators' offices, due to the tens of thousands of voters who have expressed concerns about her qualifications and lack of experience with public education.

So much so that Julia Silge of Salt Lake City kept calling Senator Orrin Hatch's office without success, and found that his voicemail box was even full.

Frustrated and seeking an alternative route to have her message heard, she ordered a pizza to his office with special instructions for the delivery person- to deliver a note expressing her concerns about Mrs DeVos.

My senator's local office is not answering his phone, and his voicemail seems to be full. pic.twitter.com/WGbvAYlSw0 — Julia Silge (@juliasilge) January 30, 2017

Sadly, the senator's office refused the delivery of the pizza, and Ms Silge later got a call from security, who had been alerted to a "suspicious pizza".

Mr Hatch still plans to vote "yes" on Mrs DeVos' nomination. But he seems to have missed out on a free lunch.

4:46PM

Betsy DeVos vote any minute

Mike Pence, the vice president, has just arrived at the Capitol ahead of Mrs DeVos's vote for approval as education secretary.

It's very contentious (see 2:09pm for more).

Senate Dems protest to keep the failed status quo. Betsy DeVos is a reformer, and she is going to be a great Education Sec. for our kids! — President Trump (@POTUS) February 7, 2017

We must support public education, not allow billionaires to make money privatizing it. We need 1 vote to defeat DeVos' dangerous nomination. — Bernie Sanders (@SenSanders) February 7, 2017

If he is required to cast a vote, and swing it in her favour, it will be the first time in history that a vice president has needed to do so.

View photos Betsy DeVos - Credit: UPI More

4:27PM

How far are you willing to take the travel ban fight?

Donald Trump has spent the morning currently meeting county sheriffs.

An honor having the National Sheriffs' Assoc. join me at the @WhiteHouse. Incredible men & women who protect & serve 24/7/365. THANK YOU!! pic.twitter.com/9EMTnH0OrF — Donald J. Trump (@realDonaldTrump) February 7, 2017

He has just been asked about how far he wants to push the travel ban fight.

He replied that can't believe his administration has to fight in the courts to uphold his refugee and immigration ban - a policy he says will protect the country.

Mr Trump says some people with "the wrong intentions" are trying to "take a lot of our powers away."

(His comments echo his tweets over the weekend).

Just cannot believe a judge would put our country in such peril. If something happens blame him and court system. People pouring in. Bad! — Donald J. Trump (@realDonaldTrump) February 5, 2017

He says that more Americans support his policies than those protesting against his executive order, which temporarily halted the entire US refugee program and blocked entries from seven Muslim-majority countries.

On Tuesday, state and federal lawyers will argue over the ban before a panel of federal appellate court judges.

3:47PM

British mother angered by Trump list

One of the "terrorist attacks" included in Mr Trump's list was that in which a 20-year-old British tourist, Mia Ayliffe-Chung, was murdered by a fellow backpacker in Australia.

View photos Mia Ayliffe-Chung More

A second British tourist, Tom Jackson, was fatally injured as he tried to save her.

Writing an open letter to Mr Trump, Rosie Ayliffe said:

"My daughter's death will not be used to further this insane persecution of innocent people. "The circumstances of Mia and Tom's deaths prove that those with the strength of character to travel the world and learn about other cultures should be cherished as brave, resilient characters who have so much to offer if they are nurtured and given opportunities rather than defeated by adverse circumstances. "Treating immigrants as disposable commodities and disregarding their safety causes deaths throughout our so-called civilised world."

French national Smail Ayad, 29, has been charged with the murders of the two backpackers.

Ms Ayliffe added:

"The possibility of Mia and Tom's deaths being consequent to an Islamic terror attack was discounted in the early stages of the police investigation through international collaboration on the parts of Queensland police department and the French ant-terrorist force. "This vilification of whole nation states and their people based on religion is a terrifying reminder of the horror that can ensue when we allow ourselves to be led by ignorant people into darkness and hatred."

3:42PM

Trump's terrorist attack list

Yesterday Donald Trump said there were so many terrorist attacks happening that the media have stopped reporting on them.

All over Europe, it's happening. And in many cases the dishonest media doesn't want to report it.

To back up his claim, the White House last night published a list of 78 terrorist attacks it said were "under reported" - including the Paris attacks, Russian jet bombing, New York bombing, and many other very high-profile attacks.

You can see the full list here, complete with spelling mistakes:

White House released list of 78 terrorist attacks it says were "under-reported."



In 27/78, "Attacker" is spelled "attaker."



Discuss. pic.twitter.com/Nsck4fSJGe







— Prof Dynarski (@dynarski) February 7, 2017

3:19PM

Paul Ryan speaking now

Paul Ryan, speaker of the house, is giving a press conference.

He's using his weekly news conference to discuss plans to repeal and replace Obamacare.

View photos Paul Ryan More

REUTERS: U.S. HOUSE SPEAKER RYAN SAYS LEGISLATION TO REPLACE OBAMACARE WILL BE DONE THIS YEAR

But he is also asked about the travel ban. He says that Mr Trump is "an unconventional president", but defends the proposal.

We respect an independent judiciary. This is not the first president to get frustrated with judges. We still have conventions about respecting the rule of law.

You can read more about presidents' previous run-ins with the judiciary.

3:05PM

Lords Speaker clashes with Commons Speaker over Trump visit

Yesterday John Bercow, the Commons Speaker, said he would be opposed to President Trump addressing both Houses of Parliament.

Today Lord Fowler, Mr Bercow's counterpart in the House of Lords, disagreed.

He vowed to keep an "open mind" about any request by Mr Trump to address Parliament "if and when it is made".

View photos Lord Fowler - Credit: Geoff Pugh for The Telegraph More

In the Lords, Lord Fowler, a Tory former Cabinet minister, said the procedure by which permission was given to speak in Parliament was "long established".

When the Speakers received a request to invite a head of state to address Parliament they both had to agree to issue an invitation after consultation.

Lord Fowler said:

"The whole purpose is to seek consensus ensuring both Houses have the opportunity to consider a request." "I should make it clear I was not consulted on that decision or its timing. "However, the Speaker contacted me this morning. "He told me that while he maintained his view on the issue he was genuinely sorry for failing to consult with me. "Obviously I accepted that apology." "My view is that I will keep an open mind and consider any request from Mr Trump to address Parliament if and when it is made."

2:50PM

Russian foreign minister praises Trump's policy

Sergei Lavrov, the Russian foreign minister, said on Tuesday that Donald Trump's efforts to get to grips with the situation in Ukraine represented a "qualitative improvement" on the work of his predecessor Barack Obama, TASS news agency reported.

Mr Lavrov said the United States understood that restoring Kiev's control over eastern Ukraine would not solve all the problems in the country, TASS reported.

View photos Sergei Lavrov More

2:22PM

Theresa May jokes about Donald Trump's hands...

Uh oh...

My colleague Ben Riley-Smith, assistant political editor, reports that last night the prime minister made a joke about Mr Trump's hands...

Thank you very much for that wonderful reception. I don’t think I have received such a big hand since I walked down the colonnade at the White House.

View photos Trump May - Credit: Getty More

2:18PM

Hillary Clinton re-emerges...

Hillary Clinton has given her first speech since the inauguration.

She's been lying low, and spending time at her country home in Chappaqua, New York state. She is believed to be writing a book.

But she also has a message for America - made all the more poignant given that she won the popular vote by three million votes.

2:09PM

Battle over education secretary

Betsy DeVos, Mr Trump's nomination for education secretary, is due to be approved by the senate today.

View photos DeVos - Credit: UPI More

But the Democrats are doing all they can to prevent that, and are currently engaged in a marathon talking session to block approval. It began at midday yesterday.

The anger emerged following a confirmation hearing in which she stumbled over basic questions about education.

Democrats also object to her plans to privatise much of the education system.

Furthermore, Ms DeVos is well known as a major donor to the Republican Party; she gave $9 million to Mr Trump's campaign. Democrats accuse her of buying the role.

Making this graphic made me want to take a shower. #DumpDevospic.twitter.com/ZQgXZbTFgs — igorvolsky (@igorvolsky) February 7, 2017

1:54PM

Donald Trump's schedule today

9:00AM THE PRESIDENT receives his daily intelligence briefing

9:30AM THE PRESIDENT holds a listening session with county sheriffs

10:45AM THE PRESIDENT holds a Veteran’s Affairs listening session

1:30PM THE PRESIDENT meets with Congressman Jason Chaffetz

3:00PM THE PRESIDENT meets with Secretary Tillerson

5:00PM THE PRESIDENT hosts Green Berets Qualification Course Young Officers

1:30PM Press Briefing with Press Secretary Sean Spicer