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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)
5.55am GMT
05:55
Senate minority leader Chuck Schumer has praised the actions of former acting attorney general Sally Yates after she was fired by Donald Trump for saying his travel ban was not lawful:
It was a profile in courage. It was a brave act and a right act …
How can you run a country like this?
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at 5.55am GMT
5.45am GMT
05:45
Patrick Leahy, ranking member of the Senate judiciary committee, has criticised the firing of Sally Yates – and the White House wording of her dismissal:
Federal courts have already found President Trump’s immigration order is very likely unconstitutional, and tonight, acting attorney general Yates concluded that it was not legally defensible.
She was fired for recognising that her oath is to the constitution and not to President Trump. His accusation that she has ‘betrayed the department of justice’ is wrong and it is dangerous.
President Trump has now put his cabinet on notice: if you adhere to your oath of office to defend the constitution, you risk your job.
Equally troubling is that his nominee for attorney general, Senator Jeff Sessions, has shown no indication that he has the independence to put the constitution before the president. The Senate at its best can be the conscience of the nation. Senators must oppose Senator Sessions.
5.40am GMT
05:40
The Mexican president, Enrique Peña Nieto, has spoken to the Canadian prime minister Justin Trudeau, Mexico’s government has said.
It said the pair spoke by phone on Monday and agreed to strengthen ties:
Both leaders agreed to keep in close contact and intensify their teams’ work to speed up the integration of a stronger and more prosperous North America.
The statement said Peña Nieto “reiterated the will of the Mexican government to continue reinforcing ties … between the two peoples”.
The new US president has threatened to leave Nafta (the North American Free Trade Agreement) if Mexico and Canada will not renegotiate it.
A meeting last week between Trump and Peña Nieto was cancelled after Mexico once again insisted it would not pay for the US president’s proposed border wall.
5.15am GMT5.15am GMT
05:1505:15
This is a great find.This is a great find.
Here’s Sally Yates at her confirmation hearing in 2015 for her then role as deputy attorney general.Here’s Sally Yates at her confirmation hearing in 2015 for her then role as deputy attorney general.
She’s asked by Jeff Sessions – yes, that Jeff Sessions, who is now Trump’s nominee for attorney general – whether she could say no to a president who wanted to do something unlawful.She’s asked by Jeff Sessions – yes, that Jeff Sessions, who is now Trump’s nominee for attorney general – whether she could say no to a president who wanted to do something unlawful.
Here’s part of the exchange:Here’s part of the exchange:
Sessions: Do you think the attorney general has a responsibility to say no to the president if he asks for something that’s improper? … If the views the president wants to execute are unlawful, should the attorney general or the deputy attorney general say no?Sessions: Do you think the attorney general has a responsibility to say no to the president if he asks for something that’s improper? … If the views the president wants to execute are unlawful, should the attorney general or the deputy attorney general say no?
Yates: Senator, I believe the attorney general or the deputy attorney general has an obligation to follow the law and the constitution, and to give their independent legal advice to the president.Yates: Senator, I believe the attorney general or the deputy attorney general has an obligation to follow the law and the constitution, and to give their independent legal advice to the president.
Amazing. Sally Yates at her confirmation hearing answering her job-ending Q. Look who's asking. Via @charles_gaba pic.twitter.com/3Vsf9UugIuAmazing. Sally Yates at her confirmation hearing answering her job-ending Q. Look who's asking. Via @charles_gaba pic.twitter.com/3Vsf9UugIu
5.06am GMT5.06am GMT
05:0605:06
New acting attorney general rescinds Yates guidance on travel banNew acting attorney general rescinds Yates guidance on travel ban
The first act of new acting attorney general Dana Boente is to undo the last act of the previous acting attorney general Sally Yates.The first act of new acting attorney general Dana Boente is to undo the last act of the previous acting attorney general Sally Yates.
In a statement, Boente said:In a statement, Boente said:
On January 30, 2017, Acting Attorney General Sally Q. Yates issued a memorandum barring Department of Justice Attorney’s [sic] from presenting arguments in defense of the President’s January 27, 2017, Executive Order entitled “Protecting the Nation from Foreign Terrorist Entry Into the United States”.On January 30, 2017, Acting Attorney General Sally Q. Yates issued a memorandum barring Department of Justice Attorney’s [sic] from presenting arguments in defense of the President’s January 27, 2017, Executive Order entitled “Protecting the Nation from Foreign Terrorist Entry Into the United States”.
At approximately 9.00pm I was asked by the President to serve in the capacity of Acting Attorney General. After having dedicated the last thirty-three years of my life to this Department, I am humbled and incredibly honored to serve as Acting Attorney General.At approximately 9.00pm I was asked by the President to serve in the capacity of Acting Attorney General. After having dedicated the last thirty-three years of my life to this Department, I am humbled and incredibly honored to serve as Acting Attorney General.
Based upon the Office of Legal Counsel’s analysis, which found the Executive Order both lawful on its face and properly drafted, I hereby rescind former Acting Attorney General Sally Q. Yates January 30, 2017, guidance and direct the men and women of the Department of Justice to do our sworn duty and to defend the lawful orders of our President.Based upon the Office of Legal Counsel’s analysis, which found the Executive Order both lawful on its face and properly drafted, I hereby rescind former Acting Attorney General Sally Q. Yates January 30, 2017, guidance and direct the men and women of the Department of Justice to do our sworn duty and to defend the lawful orders of our President.
4.57am GMT4.57am GMT
04:5704:57
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.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.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.BREAKING: New acting attorney general directs Justice Department to defend Trump's executive order on immigration and refugees.
4.39am GMT4.39am GMT
04:3904:39
Oliver LaughlandOliver 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.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.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.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.“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.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.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 GMTat 4.50am GMT
4.25am GMT4.25am GMT
04:2504:25
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.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.Ragsdale has been replaced as acting director but apparently returns to his role as ICE deputy director.
The new acting director is Thomas Homan.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 directorAgain, according to DHS, Daniel Ragsdale, acting ICE director, was not fired but will remain in his role as deputy director
UpdatedUpdated
at 4.37am GMTat 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
The acting director of US Immigration and Customs Enforcement (ICE), Daniel Ragsdale, has been replaced.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 Homan 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.][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.]
UpdatedUpdated
at 4.37am GMTat 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.