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Trump fires acting attorney general who said travel ban was unlawful – live Trump fires acting attorney general who said travel ban was unlawful – live
(35 minutes later)
9.37am GMT
09:37
Here’s one we missed yesterday ... Bruce Springsteen added his voice to those protesting against the Muslim ban. At a concert in Adelaide he said the ban was “anti-democratic and fundamentally unAmerican.”
"America is a nation of immigrants and we find this anti-democratic and fundamentally un-American." pic.twitter.com/DsXSaLeNNN
9.26am GMT
09:26
The Queen can take a state visit from Trump in her stride, according to former foreign secretary William Hague.
Writing in the Telegraph he says:
“A Queen who has been asked over the decades to host tyrants such as Presidents Mobuto of Zaire and Ceausescu of Romania is going to take a brash billionaire from New York effortlessly in her stride ...
State visits, if properly conducted, are about long-term friendship between nations, and all the links of the business, scientific, academic and diplomatic worlds. They give an incentive to both sides to make agreements to their mutual benefit – and the UK has never needed that more than now as we pull out of the EU.
Most of us do not warm to Donald Trump or agree with the policies of his first 10 days. We can still, however, believe that our government should be the one he is most likely to listen to, and that Americans of all persuasions are among our closest friends. That means that when we ask the president to visit, we don’t rescind the invitation.”
Labour MP Louise Haigh is concerned that all this talk of making it difficult for the Queen misses a bigger point.
Is embarrassing Queen really primary concern w fawning over a racist misogynist on cusp of destroying the world as we know it? #TrumpProtest
9.07am GMT
09:07
Pro Brexit Tory MP Andrew Bridgen has suggested that the state visit invitation to Trump has boosted the UK’s prospects of a trade deal with the US.
Defending the invitation on BBC Radio 4’s Today programme, Bridgen said: “We do need a good relationship with the Americans.”
And alluding to President Obama’s warning about the UK going to the back of the queue if it voted for Brexit, Bridgen said: “With President Trump we have gone from the back of the queue to the front of the queue with regard to a free trade deal.”
Bridgen pointed out that no date had yet been set for the state visit. “He has enacted a temporary travel ban for 90 days. I would suspect that any date for his visit will be long after the travel ban has expired and new security arrangements are in place.”
Asked if he thought the visit would be delayed, Bridgen said:
“Anything is possible and diplomacy is very flexible ...
“He’ll have advisers around him, advising him of the right time to come to the UK. It won’t be in the next 90 days, but I think it will be in next six month.”
8.50am GMT8.50am GMT
08:5008:50
Ricketts: delay state visit by up to three yearsRicketts: delay state visit by up to three years
Lord Ricketts, the former Foreign Office permanent secretary, has suggested delaying Trump’s state visit by up to three years to save the Queen embarrassment.Lord Ricketts, the former Foreign Office permanent secretary, has suggested delaying Trump’s state visit by up to three years to save the Queen embarrassment.
Expanding on his letter to the Times, Lord Ricketts, criticised the government for being too hasty in inviting Trump on a state visit.Expanding on his letter to the Times, Lord Ricketts, criticised the government for being too hasty in inviting Trump on a state visit.
Speaking to BBC Radio 4’s Today programme he said: “If you did it two or three years into the Trump presidency the controversial early policy announcements would have been out of the way, things would have settled down and then hopefully we could receive the president in that sort of warm celebrating spirit that you want to do with a state visit.”Speaking to BBC Radio 4’s Today programme he said: “If you did it two or three years into the Trump presidency the controversial early policy announcements would have been out of the way, things would have settled down and then hopefully we could receive the president in that sort of warm celebrating spirit that you want to do with a state visit.”
He added: “The point about a state visit is that it directly involves the Queen in a very personal way. It is the Queen’s invitation. The fact that the invitation was given within the first days of President Trump arriving in the White House, apparently to happen in the first few months of his presidency, means that is comes much faster than it has for previous US presidents.”He added: “The point about a state visit is that it directly involves the Queen in a very personal way. It is the Queen’s invitation. The fact that the invitation was given within the first days of President Trump arriving in the White House, apparently to happen in the first few months of his presidency, means that is comes much faster than it has for previous US presidents.”
Ricketts, who was the chair of the royal visits committee, pointed out that Presidents Obama, Bush and Clinton were not given state visits until three years into their first terms. He said:Ricketts, who was the chair of the royal visits committee, pointed out that Presidents Obama, Bush and Clinton were not given state visits until three years into their first terms. He said:
My concern is that ... clearly there is now a lot of controversy. If that continues then it seems to me then it does put the Queen in a difficult position. She would want to receive the President in a celebratory, warm, friendly visit. At the moment it looks quite controversial.My concern is that ... clearly there is now a lot of controversy. If that continues then it seems to me then it does put the Queen in a difficult position. She would want to receive the President in a celebratory, warm, friendly visit. At the moment it looks quite controversial.
I was personally surprised that an invitation was issued so quickly. It does put the Queen directly involved at this early stage. In this early turbulent period, when these controversial policies are being announced, we have now got a state visit invitation on the table. It would have been possible to have invited the president to come on an official visit, but without the full panoply, the full accolade of a state visit quite so quickly.I was personally surprised that an invitation was issued so quickly. It does put the Queen directly involved at this early stage. In this early turbulent period, when these controversial policies are being announced, we have now got a state visit invitation on the table. It would have been possible to have invited the president to come on an official visit, but without the full panoply, the full accolade of a state visit quite so quickly.
I wouldn’t suggest it [the invitation] should be withdrawn. I don’t think the timing has yet been set, and what I suggested is that perhaps the timing of the state visit can now be put back a bit, until we are able to see the president in the sort of way we would want to do.I wouldn’t suggest it [the invitation] should be withdrawn. I don’t think the timing has yet been set, and what I suggested is that perhaps the timing of the state visit can now be put back a bit, until we are able to see the president in the sort of way we would want to do.
The alternative is that we continue as we are. But if the current level of protest and opposition, then I do think the Queen is put in a difficult position.The alternative is that we continue as we are. But if the current level of protest and opposition, then I do think the Queen is put in a difficult position.
I’m trying to suggest a way forward now. With large scale protests, with a million and half people signing this petition in two or three days. There is controversy around this.I’m trying to suggest a way forward now. With large scale protests, with a million and half people signing this petition in two or three days. There is controversy around this.
The other approach is to go ahead and hope that within a few months things will have calmed down and have a proper visit. At the moment that looks quite tricky.The other approach is to go ahead and hope that within a few months things will have calmed down and have a proper visit. At the moment that looks quite tricky.
Once this invitation has been issued, then of course there should be a state visit, and I wouldn’t be against that. ButOnce this invitation has been issued, then of course there should be a state visit, and I wouldn’t be against that. But
UpdatedUpdated
at 8.51am GMTat 8.51am GMT
8.05am GMT8.05am GMT
08:0508:05
Guardian columnist Owen Jones spoke to some of the thousands of protesters who gathered outside Downing Street on Monday night to demonstrate against Trump’s travel ban.Guardian columnist Owen Jones spoke to some of the thousands of protesters who gathered outside Downing Street on Monday night to demonstrate against Trump’s travel ban.
7.49am GMT7.49am GMT
07:4907:49
Alan Dershowitz, one of the best known lawyers in the US, has criticised the way Sally Yates played into the hands of Donald Trump before he fired her. Alan Dershowitz, one of the most outspoken lawyers in the US, has criticised the way Sally Yates played into the hands of Donald Trump before he fired her.
The emeritus professor of law at Harvard University told BBC Radio 4’s Today programme that he thought Trump’s travel ban is wrong and partly illegal. The Harvard law professor who was part of OJ Simpson’s defence team, told BBC Radio 4’s Today programme that he thought Trump’s travel ban is wrong and partly illegal.
But he also rounded on the tactical mistakes made by Yates in the way she criticised the policy.But he also rounded on the tactical mistakes made by Yates in the way she criticised the policy.
Dershowitz said Yates “should not have ordered the justice department not to defend it [the travel ban]. She should have simply resigned in protest, but instead she made it almost imperative for the president to fire her. She played into his hands, and this has caused a tremendous disarray in our government, but it has probably helped Donald Trump politically because here he is standing up to the attorney general, firing her, and cleaning the swamp. So he has won this round unfortunately.”Dershowitz said Yates “should not have ordered the justice department not to defend it [the travel ban]. She should have simply resigned in protest, but instead she made it almost imperative for the president to fire her. She played into his hands, and this has caused a tremendous disarray in our government, but it has probably helped Donald Trump politically because here he is standing up to the attorney general, firing her, and cleaning the swamp. So he has won this round unfortunately.”
He added that Trump will have stored up resentment in the justice department by sacking Yates. He said:He added that Trump will have stored up resentment in the justice department by sacking Yates. He said:
“There will be some people who are civil servants who will always resent the fact that the president fired the acting attorney general. So this will cause him some long term damage in his relations with the justice department, but President Trump doesn’t think long term.”“There will be some people who are civil servants who will always resent the fact that the president fired the acting attorney general. So this will cause him some long term damage in his relations with the justice department, but President Trump doesn’t think long term.”
Asked about the legality of the travel ban, Dershowitz, said:Asked about the legality of the travel ban, Dershowitz, said:
“I think parts of it are unlawful parts of it are lawful. I think it is all wrong, all bad policy, but there is an enormous difference between a ban on green card holders, which is illegal, and denying a visa to someone who has no prior connection to the United States.”“I think parts of it are unlawful parts of it are lawful. I think it is all wrong, all bad policy, but there is an enormous difference between a ban on green card holders, which is illegal, and denying a visa to someone who has no prior connection to the United States.”
He also called on “principled Republicans” to stand up to Trump. “He’s going to have to garner their support, and he’s doing a very bad job of that up to now.”He also called on “principled Republicans” to stand up to Trump. “He’s going to have to garner their support, and he’s doing a very bad job of that up to now.”
Dershowitz said the prospect of impeachment is “off the table”. He explained:Dershowitz said the prospect of impeachment is “off the table”. He explained:
“To be impeached in the United States is very very difficult. You have to really commit a high crime or misdemeanour under the constitution. And no president has ever been impeached when he controls both the house and the senate.”“To be impeached in the United States is very very difficult. You have to really commit a high crime or misdemeanour under the constitution. And no president has ever been impeached when he controls both the house and the senate.”
“What he is going to try to do is govern through populism. We are a country in crisis. So much will depend on how responsible members of his own party respond to his excesses.”“What he is going to try to do is govern through populism. We are a country in crisis. So much will depend on how responsible members of his own party respond to his excesses.”
UpdatedUpdated
at 7.52am GMT at 9.15am GMT
6.52am GMT6.52am GMT
06:5206:52
SummarySummary
Claire PhippsClaire Phipps
On a turbulent Monday evening in Washington, Donald Trump fired Sally Yates, the acting attorney general who had advised justice department lawyers not to defend a travel ban she considered to be “not lawful”.On a turbulent Monday evening in Washington, Donald Trump fired Sally Yates, the acting attorney general who had advised justice department lawyers not to defend a travel ban she considered to be “not lawful”.
In a memorandum to staff, Yates – who was due to be in place until Jeff Sessions, Trump’s pick for attorney general, is confirmed – wrote:In a memorandum to staff, Yates – who was due to be in place until Jeff Sessions, Trump’s pick for attorney general, is confirmed – wrote:
At present, I am not convinced that the defense of the executive order is consistent with [my] responsibilities nor am I convinced that the executive order is lawful.At present, I am not convinced that the defense of the executive order is consistent with [my] responsibilities nor am I convinced that the executive order is lawful.
Consequently, for as long as I am the acting attorney general, the department of justice will not present arguments in defense of the executive order, unless and until I become convinced that it is appropriate to do so.Consequently, for as long as I am the acting attorney general, the department of justice will not present arguments in defense of the executive order, unless and until I become convinced that it is appropriate to do so.
You can read the full letter here.You can read the full letter here.
In an extraordinary statement announcing her dismissal, the White House said Yates had “betrayed the department of justice”, adding:In an extraordinary statement announcing her dismissal, the White House said Yates had “betrayed the department of justice”, adding:
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.
You can read the full statement here.You can read the full statement here.
Yates was immediately replaced by Dana Boente, whose first act was to undo her last act:Yates was immediately replaced by Dana Boente, whose first act was to undo her last act:
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.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.
You can read that full statement here.You can read that full statement here.
Video footage has surfaced of Yates’s confirmation hearing in 2015 (as deputy attorney general) in which Sessions – who faces a hearing of his own this week – quizzed her on fidelity to the law v fidelity to the president:Video footage has surfaced of Yates’s confirmation hearing in 2015 (as deputy attorney general) in which Sessions – who faces a hearing of his own this week – quizzed her on fidelity to the law v fidelity to the president:
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.
The Trump administration also removed the acting director of US immigration and customs enforcement (Ice), Daniel Ragsdale, late on Monday night without explanation. Newly appointed homeland security secretary John Kelly said Thomas Homan would take up the role in a statement that made no mention of Ragsdale. Ice later confirmed he would remain deputy director of the agency.The Trump administration also removed the acting director of US immigration and customs enforcement (Ice), Daniel Ragsdale, late on Monday night without explanation. Newly appointed homeland security secretary John Kelly said Thomas Homan would take up the role in a statement that made no mention of Ragsdale. Ice later confirmed he would remain deputy director of the agency.
UpdatedUpdated
at 7.51am GMTat 7.51am GMT
6.29am GMT6.29am GMT
06:2906:29
As a UK petition against the planned state visit by Donald Trump “because it would cause embarrassment to Her Majesty the Queen” tops 1.6 million signatures, there are signs that the possible royal embarrassment might be the issue that gives 10 Downing Street pause for thought.As a UK petition against the planned state visit by Donald Trump “because it would cause embarrassment to Her Majesty the Queen” tops 1.6 million signatures, there are signs that the possible royal embarrassment might be the issue that gives 10 Downing Street pause for thought.
Here’s the front page of Tuesday’s Times:Here’s the front page of Tuesday’s Times:
• Trump visit will hurt the Queen, May is told • Taxman hits middle-class earners with record fines #tomorrowspaperstoday pic.twitter.com/luQNPOGXKd• Trump visit will hurt the Queen, May is told • Taxman hits middle-class earners with record fines #tomorrowspaperstoday pic.twitter.com/luQNPOGXKd
In a letter to the newspaper, Lord Ricketts, who was permanent secretary at the UK foreign office from 2006-10 before becoming then prime minister David Cameron’s national security adviser, said the offer so early in Trump’s presidency was “premature” and put the Queen in a “very difficult position”, Press Association reports.In a letter to the newspaper, Lord Ricketts, who was permanent secretary at the UK foreign office from 2006-10 before becoming then prime minister David Cameron’s national security adviser, said the offer so early in Trump’s presidency was “premature” and put the Queen in a “very difficult position”, Press Association reports.
Ricketts said it was unprecedented for a US president to be given a state visit in their first year in the White House and questioned whether Mr Trump was “specially deserving of this exceptional honour”:Ricketts said it was unprecedented for a US president to be given a state visit in their first year in the White House and questioned whether Mr Trump was “specially deserving of this exceptional honour”:
It would have been far wiser to wait to see what sort of president he would turn out to be before advising the Queen to invite him. Now the Queen is put in a very difficult position.It would have been far wiser to wait to see what sort of president he would turn out to be before advising the Queen to invite him. Now the Queen is put in a very difficult position.
6.14am GMT6.14am GMT
06:1406:14
Who is Sally Yates, now no longer acting attorney general?Who is Sally Yates, now no longer acting attorney general?
A career justice department attorney, she was the deputy attorney general in the Obama administration. The Trump team had asked her to stay on to allow for a cohesive transition, even as the other senior leadership of the justice department departed.A career justice department attorney, she was the deputy attorney general in the Obama administration. The Trump team had asked her to stay on to allow for a cohesive transition, even as the other senior leadership of the justice department departed.
Yates, 56, from Atlanta, Georgia, was the lead prosecutor in the case against Olympic bomber Eric Rudolph.Yates, 56, from Atlanta, Georgia, was the lead prosecutor in the case against Olympic bomber Eric Rudolph.
She received bipartisan praise when she was appointed to the number two spot below Loretta Lynch at the justice department in 2015. The Republican Senator Johnny Isakson of Georgia said of her: “Sally Quillian Yates is a human being I have known for almost 40 years. For 25 years she has been the lead prosecutor in the northern district of Georgia.She received bipartisan praise when she was appointed to the number two spot below Loretta Lynch at the justice department in 2015. The Republican Senator Johnny Isakson of Georgia said of her: “Sally Quillian Yates is a human being I have known for almost 40 years. For 25 years she has been the lead prosecutor in the northern district of Georgia.
“She has been an equal opportunity prosecutor. She’s prosecuted Democrats, Republicans, independents, Olympic park bombers, anybody that violated the public trust, any abuse of power.”“She has been an equal opportunity prosecutor. She’s prosecuted Democrats, Republicans, independents, Olympic park bombers, anybody that violated the public trust, any abuse of power.”
His fellow Republican, David Perdue, said of Yates: “I’m confident that she will bring an objective, apolitical approach to the justice department.”His fellow Republican, David Perdue, said of Yates: “I’m confident that she will bring an objective, apolitical approach to the justice department.”
5.55am GMT5.55am GMT
05:5505:55
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: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 …It was a profile in courage. It was a brave act and a right act …
How can you run a country like this?How can you run a country like this?
UpdatedUpdated
at 5.55am GMTat 5.55am GMT
5.45am GMT5.45am GMT
05:4505:45
Patrick Leahy, ranking member of the Senate judiciary committee, has criticised the firing of Sally Yates – and the White House wording of her dismissal: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.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.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.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.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 GMT5.40am GMT
05:4005:40
The Mexican president, Enrique Peña Nieto, has spoken to the Canadian prime minister Justin Trudeau, Mexico’s government has said.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: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.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 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.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.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 GMT
05:15
This is a great find.
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.
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?
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/3Vsf9UugIu
5.06am GMT
05:06
New 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.
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”.
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.
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.
Updated
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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 GMT
04:10
Monday night massacre?
Ben 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.
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.
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.
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”.
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.
Updated
at 4.19am GMT
3.56am GMT
03:56
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”:
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/20Ph4lZRVh
3.37am GMT
03:37
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.
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 GMT
03:29
Spencer Ackerman
In a sign of the turbulent waters in which Trump is swimming, it is unclear if the new acting attorney general can sign national security surveillance requests.
According to the seminal Foreign Intelligence Surveillance Act, the central pillar of domestic national security surveillance law, only the attorney general, deputy attorney general or designated assistant attorney general for national security may sign off on surveillance requests submitted to the secret Fisa court.
But the attorney general and deputy attorney general require Senate confirmation. The assistant attorney general for national security’s designation requires approval by the attorney general. (The justice department’s national security division is currently run by an interim appointee.)
Although the new acting attorney general Dana Boente was confirmed by the Senate as a US attorney in Virginia, it is an unsettled question whether his current interim role gives him sufficient powers for the sensitive surveillance requests.
Mike German, an FBI counterterrorism agent and surveillance law expert, said the Boente appointment had created an “unprecedented” situation for surveillance law, but thought that the Fisa court was unlikely to stand in the way of a surveillance request.
“The Fisa court doesn’t have a long history of finding reasons to reject [requests], and if it were to err here, it’d be on the side of authorizing the new acting attorney general to sign the warrants,” German said.
The White House indicated to pool reporters it believes Boente would possess the requisite surveillance authority.
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Chuck Schumer, the Democratic minority leader in the Senate, says news of Yates’ sacking is “chilling”, pointing out that the attorney general’s duty is to the law and the constitution, rather than to the president:
The AG should pledge fidelity to the law & the Constitution not the WhiteHouse. The fact that this admin doesnt understand that is chilling.
Nancy Pelosi, Democratic leader in the house, says Trump fired Yates “to get the answer he wants” on the legality of his travel ban:
Tonight, the acting attorney general was fired for upholding the constitution of the United States. What the Trump administration calls betrayal is an American with the courage to say that the law and the constitution come first.
President Trump’s executive order violates the constitution, dishonors our values, and weakens the security of the United States. National security experts are warning that the president’s ban will make it harder, not easier to defeat terror.
Earlier tonight, House Republicans blocked Democrats’ emergency bill to rescind this dangerous and unconstitutional executive order. Now, President Trump has fired the acting attorney general to get the answer he wants.
Republicans will have to decide whether they will be complicit in the President’s reckless, wrathful and unconstitutional agenda.