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| Trump travel ban: revised order blocked nationwide by Hawaii federal judge – live | Trump travel ban: revised order blocked nationwide by Hawaii federal judge – live |
| (35 minutes later) | |
| 11.50pm GMT | |
| 23:50 | |
| The judge’s ruling cites several comments made by Trump – put forward by the state of Hawaii as evidence that the travel ban is, despite government denials, a Muslim ban: | |
| In an interview on January 25, 2017, Mr. Trump discussed his plans to implement “extreme vetting” of people seeking entry into the United States. He remarked: “[N]o, it’s not the Muslim ban. But it’s countries that have tremendous terror. . . . [I]t’s countries that people are going to come in and cause us tremendous problems.” … | |
| When signing the first Executive Order [No. 13,769], President Trump read the title, looked up, and said: “We all know what that means.” President Trump said he was “establishing a new vetting measure to keep radical Islamic terrorists out of the United States of America,” and that: “We don’t want them here.” | |
| Comments made by Trump adviser Rudy Giuliani have also come back into play. The court ruling includes this admission, cited by the plaintiffs as proof the ban is intended to target Muslims: | |
| The day after signing the first Executive Order [No. 13,769], President Trump’s advisor, Rudolph Giuliani, explained on television how the Executive Order came to be. He said: “When [Mr. Trump] first announced it, he said, ‘Muslim ban.’ He called me up. He said, ‘Put a commission together. Show me the right way to do it legally.’” | |
| 11.38pm GMT | |
| 23:38 | |
| Hawaiian judge Derrick Watson concludes in his ruling that the revised ban is in fact not all that different to the original one: | |
| Based upon the current record available, however, the Court cannot find the actions taken during the interval between revoked Executive Order No. 13,769 and the new Executive Order to be ‘genuine changes in constitutionally significant conditions’. | |
| 11.32pm GMT | |
| 23:32 | |
| The Hawaiian judge behind the TRO was appointed by President Obama, AP reports. Expect to hear more about that from his White House successor: | |
| The judge in Hawaii who put President Donald Trump’s revised travel ban on hold was nominated to the federal bench by President Barack Obama. | |
| US district judge Derrick Kahala Watson got his nod in 2012 and is currently the only Native Hawaiian judge serving on the federal bench and the fourth in US history. | |
| He received his law degree from Harvard law school in 1991. | |
| His 43-page decision Wednesday was released less than two hours after the hearing ended. | |
| 11.27pm GMT | |
| 23:27 | |
| President Trump is due to be speaking at a rally in Nashville shortly. Will he address the latest stumble for his flagship executive order? We’ll cover it here. | |
| In the meantime, this is not quite the snap Twitter response we were anticipating: | |
| Thank you Andrew Jackson! #POTUS7 #USA🇺🇸 pic.twitter.com/GToWsWXiNv | |
| 11.24pm GMT | |
| 23:24 | |
| In Washington state, which led the legal charge against the original travel ban and which continues to challenge the revised order, attorney general Bob Ferguson has hailed news from Hawaii: | |
| Fantastic news. It’s very exciting. | |
| At this point it’s a team effort: multiple lawsuits and multiple states. | |
| 11.19pm GMT | 11.19pm GMT |
| 23:19 | 23:19 |
| The judge’s ruling makes specific reference to Donald Trump’s own comments, and their role in undermining the justice department claim that the travel ban is not a Muslim ban: | The judge’s ruling makes specific reference to Donald Trump’s own comments, and their role in undermining the justice department claim that the travel ban is not a Muslim ban: |
| Judge cites Trump's own comments in blocking his new immigration order, saying they "betray the Executive Order's stated secular purpose" pic.twitter.com/IDv3Oe1KO7 | Judge cites Trump's own comments in blocking his new immigration order, saying they "betray the Executive Order's stated secular purpose" pic.twitter.com/IDv3Oe1KO7 |
| 11.14pm GMT | 11.14pm GMT |
| 23:14 | 23:14 |
| Hawaii ruling: key quotes | Hawaii ruling: key quotes |
| Here’s a key part of the Hawaii ruling (Dr Elshikh is the Hawaiian citizen, a Muslim, named along with the state as a plaintiff because of the alleged effects of the travel ban on himself and his family). | Here’s a key part of the Hawaii ruling (Dr Elshikh is the Hawaiian citizen, a Muslim, named along with the state as a plaintiff because of the alleged effects of the travel ban on himself and his family). |
| The ruling states: | The ruling states: |
| Because a reasonable, objective observer – enlightened by the specific historical context, contemporaneous public statements, and specific sequence of events leading to its issuance – would conclude that the Executive Order was issued with a purpose to disfavor a particular religion, in spite of its stated, religiously-neutral purpose, the Court finds that Plaintiffs, and Dr. Elshikh in particular, are likely to succeed on the merits of their Establishment Clause claim. | Because a reasonable, objective observer – enlightened by the specific historical context, contemporaneous public statements, and specific sequence of events leading to its issuance – would conclude that the Executive Order was issued with a purpose to disfavor a particular religion, in spite of its stated, religiously-neutral purpose, the Court finds that Plaintiffs, and Dr. Elshikh in particular, are likely to succeed on the merits of their Establishment Clause claim. |
| And a stinging rebuke to the government: | And a stinging rebuke to the government: |
| The illogic of the Government’s contentions is palpable. The notion that one can demonstrate animus toward any group of people only by targeting all of them at once is fundamentally flawed. | The illogic of the Government’s contentions is palpable. The notion that one can demonstrate animus toward any group of people only by targeting all of them at once is fundamentally flawed. |
| 11.08pm GMT | 11.08pm GMT |
| 23:08 | 23:08 |
| The block issued against the revised travel ban is a temporary restraining order (TRO), halting the implementation of the ban nationwide, but not permanently. | The block issued against the revised travel ban is a temporary restraining order (TRO), halting the implementation of the ban nationwide, but not permanently. |
| We can expect a push back from the justice department, which had argued that the revised executive order had tackled all the legal problems that led to the blocking (and then withdrawal) of the original travel ban. | We can expect a push back from the justice department, which had argued that the revised executive order had tackled all the legal problems that led to the blocking (and then withdrawal) of the original travel ban. |
| And of course we’ll look out for Trump tweets. | And of course we’ll look out for Trump tweets. |
| 11.04pm GMT | 11.04pm GMT |
| 23:04 | 23:04 |
| Republican House speaker Paul Ryan has said he has “no doubt” the travel ban order will be upheld. | Republican House speaker Paul Ryan has said he has “no doubt” the travel ban order will be upheld. |
| 11.01pm GMT | 11.01pm GMT |
| 23:01 | 23:01 |
| Hawaii’s US district judge Derrick Watson was one of several judges hearing arguments over the ban in the final hours before its expected implementation. | Hawaii’s US district judge Derrick Watson was one of several judges hearing arguments over the ban in the final hours before its expected implementation. |
| He had said earlier on Wednesday afternoon, after hearing oral arguments, that he would issue a written ruling before 6pm Hawaii time. It’s currently 1pm in Hawaii. | He had said earlier on Wednesday afternoon, after hearing oral arguments, that he would issue a written ruling before 6pm Hawaii time. It’s currently 1pm in Hawaii. |
| Hawaii was the first state to challenge the second version of Trump’s travel ban, after the first was halted by court order. | Hawaii was the first state to challenge the second version of Trump’s travel ban, after the first was halted by court order. |
| The state argued that the ban was unconstitutional, and that it would suffer damage to its local economy and to various educational and religious institutions. It also argued that some Hawaiians would be prevented from reuniting with family members swept up in the ban. | The state argued that the ban was unconstitutional, and that it would suffer damage to its local economy and to various educational and religious institutions. It also argued that some Hawaiians would be prevented from reuniting with family members swept up in the ban. |
| Read more on the background here: | Read more on the background here: |
| 10.57pm GMT | 10.57pm GMT |
| 22:57 | 22:57 |
| Hawaii judge blocks travel ban | Hawaii judge blocks travel ban |
| Claire Phipps | Claire Phipps |
| A federal judge in Hawaii has issued a nationwide temporary block to the revised travel ban that was due to be implemented from midnight ET – just five hours from now. | A federal judge in Hawaii has issued a nationwide temporary block to the revised travel ban that was due to be implemented from midnight ET – just five hours from now. |
| The new executive order – issued after the original attempt to bar travelers from seven Muslim-majority countries was halted by the courts – removed Iraq from the banned list but continued to bar for 90 days visitors from six Muslim-majority countries: Iran, Libya, Syria, Somalia, Sudan and Yemen. | The new executive order – issued after the original attempt to bar travelers from seven Muslim-majority countries was halted by the courts – removed Iraq from the banned list but continued to bar for 90 days visitors from six Muslim-majority countries: Iran, Libya, Syria, Somalia, Sudan and Yemen. |
| We’ll have unfolding detail and reaction on this live blog. | We’ll have unfolding detail and reaction on this live blog. |