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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)
4.57am GMT
04:57
The new acting attorney general, Dana Boente, has immediately overruled the advice of the previous (now fired) acting attorney general Sally Yates that the president’s travel ban was not lawful and should not be defended.
Justice department lawyers must now defend the order.
BREAKING: New acting attorney general directs Justice Department to defend Trump's executive order on immigration and refugees.
4.39am GMT
04:39
Oliver Laughland
The Trump administration replaced the acting director of US Immigration and Customs Enforcement [Ice] just after firing the acting US attorney general as the backlash over the president’s controversial travel ban continues to grow.
Daniel Ragsdale, the acting Ice director who had served under the Obama administration as the agency’s deputy director since 2012, was removed from the acting director role late on Monday night without public explanation.
In a brief statement, Trump’s newly appointed homeland security secretary John Kelly said Ragsdale would be replaced by Thomas Homan, formerly the executive associate director of Ice’s enforcement and removal operations [ERO] division. Homan has served in the agency since its creation in 2003, and in the ERO division, which oversees deportations, since 2009.
“I look forward to working alongside him to ensure that we enforce our immigration laws in the interior of the United States consistent with the national interest,” Kelly, a former Marine Corps general, said.
Shortly after Kelly’s statement, which made no mention of Ragsdale, Ice confirmed he would remain deputy director of the agency.
Last week the Trump administration vastly expanded the powers of the agency, by broadening immigration enforcement priorities through an executive order. Ice agents are now able to target almost any of American’s 11 million undocumented migrants for deportation. Under the order, the agency can target undocumented migrants convicted of minor crimes, those who have only been accused of crimes, and those whom individual agency deem a threat to public safety or national security.
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at 4.50am GMT
4.25am GMT
04:25
On a turbulent night, more confusion: ICE acting director Daniel Ragsdale has not been fired, the department of homeland security says, contrary to earlier reports.
Ragsdale has been replaced as acting director but apparently returns to his role as ICE deputy director.
The new acting director is Thomas Homan.
Again, according to DHS, Daniel Ragsdale, acting ICE director, was not fired but will remain in his role as deputy director
Updated
at 4.37am GMT
4.10am GMT4.10am GMT
04:1004:10
Monday night massacre?Monday night massacre?
Ben JacobsBen Jacobs
Already commentators are comparing Sally Yates’s firing to the so-called Saturday Night Massacre of 1973. However, what some cable networks are calling “the Monday night massacre” doesn’t quite measure up to that notorious night in the Nixon administration.Already commentators are comparing Sally Yates’s firing to the so-called Saturday Night Massacre of 1973. However, what some cable networks are calling “the Monday night massacre” doesn’t quite measure up to that notorious night in the Nixon administration.
The Saturday Night Massacre occurred after Richard Nixon ordered the then attorney general Elliot Richardson to fire Archibald Cox, the special prosecutor who was investigating Watergate. Cox had subpoenaed Nixon for taped conversations of the then president in the Oval Office and Nixon did not want to comply.The Saturday Night Massacre occurred after Richard Nixon ordered the then attorney general Elliot Richardson to fire Archibald Cox, the special prosecutor who was investigating Watergate. Cox had subpoenaed Nixon for taped conversations of the then president in the Oval Office and Nixon did not want to comply.
Richardson, who previously served as secretary of health, education and welfare and then defense secretary in Nixon’s cabinet, was a traditional Yankee Republican who was pillar of the Massachusetts GOP. A former supreme court clerk and decorated war hero, Richardson had previously served in statewide elected office in Massachusetts. But when Nixon ordered him to fire Cox, Richardson refused and resigned in protest.Richardson, who previously served as secretary of health, education and welfare and then defense secretary in Nixon’s cabinet, was a traditional Yankee Republican who was pillar of the Massachusetts GOP. A former supreme court clerk and decorated war hero, Richardson had previously served in statewide elected office in Massachusetts. But when Nixon ordered him to fire Cox, Richardson refused and resigned in protest.
He was following in doing so by William Ruckelshaus, his deputy, who had previously served as the first administrator of the Environmental Protection Agency (EPA). Eventually solicitor general Robert Bork, who was next in line, fired Cox.He was following in doing so by William Ruckelshaus, his deputy, who had previously served as the first administrator of the Environmental Protection Agency (EPA). Eventually solicitor general Robert Bork, who was next in line, fired Cox.
The Saturday Night Massacre was a defining moment in the Watergate scandal. The president fired two highly respected Republican officials and demonstrated that he had something to hide from the American people.The Saturday Night Massacre was a defining moment in the Watergate scandal. The president fired two highly respected Republican officials and demonstrated that he had something to hide from the American people.
In contrast, Yates is a temporary holdover from the Obama administration who was simply serving until Trump’s nominee for attorney general could be confirmed. Further, unlike Cox, who was a special prosecutor and supposed to be protected from dismissal without cause, Yates could be fired at any time.In contrast, Yates is a temporary holdover from the Obama administration who was simply serving until Trump’s nominee for attorney general could be confirmed. Further, unlike Cox, who was a special prosecutor and supposed to be protected from dismissal without cause, Yates could be fired at any time.
The shock on Monday night is not that Yates was fired from a job that she was unlikely to hold for any longer for the remainder of the week after putting herself in direct opposition to the president. Instead, it’s as much the tone of the White House statement which accused her of “betray[ing] the department of justice” and derides her as “weak on borders and very weak on illegal immigration”.The shock on Monday night is not that Yates was fired from a job that she was unlikely to hold for any longer for the remainder of the week after putting herself in direct opposition to the president. Instead, it’s as much the tone of the White House statement which accused her of “betray[ing] the department of justice” and derides her as “weak on borders and very weak on illegal immigration”.
This isn’t a remake of All the President’s Men. Instead, it’s simply that the American government has now become yet another episode of The Apprentice.This isn’t a remake of All the President’s Men. Instead, it’s simply that the American government has now become yet another episode of The Apprentice.
UpdatedUpdated
at 4.19am GMTat 4.19am GMT
3.56am GMT3.56am GMT
03:5603:56
Here’s Republican Senator Ted Cruz, who thinks it “fitting” that “after eight long years of a lawless Obama department of justice” Sally Yates has “force[d] the president to fire her”:Here’s Republican Senator Ted Cruz, who thinks it “fitting” that “after eight long years of a lawless Obama department of justice” Sally Yates has “force[d] the president to fire her”:
It is fitting--and sad--that the very last act of the Obama DOJ is for the acting AG to defy the newly elected POTUS https://t.co/JiUCizK3bu pic.twitter.com/20Ph4lZRVhIt is fitting--and sad--that the very last act of the Obama DOJ is for the acting AG to defy the newly elected POTUS https://t.co/JiUCizK3bu pic.twitter.com/20Ph4lZRVh
3.37am GMT3.37am GMT
03:3703:37
Trump has also just fired the acting director of US Immigration and Customs Enforcement (ICE), Daniel Ragsdale. The acting director of US Immigration and Customs Enforcement (ICE), Daniel Ragsdale, has been replaced.
A statement from the department of homeland security announces Thomas Holman as the new acting director – but doesn’t mention Ragsdale at all. A statement from the department of homeland security announces Thomas Homan as the new acting director – but doesn’t mention Ragsdale at all.
No reason for the change is given.No reason for the change is given.
[This post was edited at 11.25pm ET to clarify that, according to the DHS, Ragsdale has not been fired. He has been replaced by Homan as acting director but apparently returns to his role as deputy director.]
Updated
at 4.37am GMT
3.29am GMT3.29am GMT
03:2903:29
Spencer AckermanSpencer 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.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.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.)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.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.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 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.The White House indicated to pool reporters it believes Boente would possess the requisite surveillance authority.
3.23am GMT3.23am GMT
03:2303:23
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: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.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: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.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.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.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.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.
UpdatedUpdated
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?
UpdatedUpdated
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.)
UpdatedUpdated
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
UpdatedUpdated
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.
UpdatedUpdated
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.
UpdatedUpdated
at 2.01am GMTat 2.01am GMT