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You can find the current article at its original source at https://www.theguardian.com/us-news/live/2017/mar/16/trump-travel-ban-blocked-nationwide-hawaii-court-live
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| Trump says federal judge's travel ban block is 'unprecedented overreach' – live | Trump says federal judge's travel ban block is 'unprecedented overreach' – live |
| (35 minutes later) | |
| 3.17am GMT | |
| 03:17 | |
| What happens next? | |
| The revised travel ban, which was due to come into effect at midnight ET – just under one hour from now – cannot be implemented. | |
| The ruling, issued in Hawaii, applies nationwide. | |
| It states: | |
| Defendants and all their respective officers, agents, servants, employees, and attorneys, and persons in active concert or participation with them, are hereby enjoined from enforcing or implementing Sections 2 and 6 of the Executive Order across the Nation. Enforcement of these provisions in all places, including the United States, at all United States borders and ports of entry, and in the issuance of visas is prohibited, pending further orders from this Court. | |
| The court has issued a temporary restraining order (TRO) – which means a further hearing must take place to determine whether it should be extended. The judge indicated this should happen speedily: | |
| The Court intends to set an expedited hearing to determine whether this Temporary Restraining Order should be extended. The parties shall submit a stipulated briefing and hearing schedule for the Court’s approval forthwith. | |
| 3.04am GMT | |
| 03:04 | |
| The ruling from Hawaiian district judge Derrick Watson also cast doubt on government claims that the ban on travelers from six Muslim-majority countries was necessary for national security reasons: | |
| When considered alongside the constitutional injuries and harms discussed above, and the questionable evidence supporting the Government’s national security motivations, the balance of equities and public interests justify granting the Plaintiffs’ TRO [temporary restraining order]. | |
| 2.53am GMT | |
| 02:53 | |
| The Council on American-Islamic Relations (Cair), the largest Muslim civil rights group in the US, has welcomed the legal block. | |
| Cair’s national executive director Nihad Awad said: | |
| We welcome this order as confirmation of the strength of our nation’s system of checks and balances that prevents one branch of government from violating the constitution or the rights of any vulnerable group. | |
| We urge the Trump administration to scrap this Muslim ban entirely because it disrespects both the constitution and America’s longstanding tradition of religious freedom and inclusion. | |
| 2.38am GMT | 2.38am GMT |
| 02:38 | 02:38 |
| You can read the full ruling from the federal district court in Hawaii here (pdf). | You can read the full ruling from the federal district court in Hawaii here (pdf). |
| Here is a key section in which the judge concludes there is nothing “secret about the executive’s motive”: | Here is a key section in which the judge concludes there is nothing “secret about the executive’s motive”: |
| The Government appropriately cautions that, in determining purpose, courts should not look into the “veiled psyche” and “secret motives” of government decisionmakers and may not undertake a “judicial psychoanalysis of a drafter’s heart of hearts”. | The Government appropriately cautions that, in determining purpose, courts should not look into the “veiled psyche” and “secret motives” of government decisionmakers and may not undertake a “judicial psychoanalysis of a drafter’s heart of hearts”. |
| The Government need not fear. The remarkable facts at issue here require no such impermissible inquiry. | The Government need not fear. The remarkable facts at issue here require no such impermissible inquiry. |
| For instance, there is nothing “veiled” about this press release: “Donald J. Trump is calling for a total and complete shutdown of Muslims entering the United States.” | For instance, there is nothing “veiled” about this press release: “Donald J. Trump is calling for a total and complete shutdown of Muslims entering the United States.” |
| Nor is there anything “secret” about the Executive’s motive specific to the issuance of the Executive Order: | Nor is there anything “secret” about the Executive’s motive specific to the issuance of the Executive Order: |
| 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.’” | 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.’” |
| 2.22am GMT | 2.22am GMT |
| 02:22 | 02:22 |
| David Smith | David Smith |
| News of the court ruling broke shortly before Trump addressed supporters at an evening rally in Nashville, Tennessee. The president was visibly irate as he admonished the decision, branding it “an unprecedented judicial overreach” and vowed to appeal the decision in court. | News of the court ruling broke shortly before Trump addressed supporters at an evening rally in Nashville, Tennessee. The president was visibly irate as he admonished the decision, branding it “an unprecedented judicial overreach” and vowed to appeal the decision in court. |
| “You don’t think this was done by a judge for political reasons, do you?” Trump said sarcastically. The comments were similar to those he made after his first travel ban was struck down by a federal judge in Washington – whom he branded in a later tweet a “so-called judge”. | “You don’t think this was done by a judge for political reasons, do you?” Trump said sarcastically. The comments were similar to those he made after his first travel ban was struck down by a federal judge in Washington – whom he branded in a later tweet a “so-called judge”. |
| “This ruling makes us look weak, which we no longer are, by the way,” Trump added at the rally as the crowd booed. | “This ruling makes us look weak, which we no longer are, by the way,” Trump added at the rally as the crowd booed. |
| The president continued to concede that second order was a “watered down” version of the first ban and suggested, off the cuff, that he may “go back to the first one and go all the way”, indicating he was willing to take the case to the supreme court, setting up the prospect of a protracted legal battle. | The president continued to concede that second order was a “watered down” version of the first ban and suggested, off the cuff, that he may “go back to the first one and go all the way”, indicating he was willing to take the case to the supreme court, setting up the prospect of a protracted legal battle. |
| 2.12am GMT | 2.12am GMT |
| 02:12 | 02:12 |
| Hawaii was the first ruling of the day, but more challenges to the travel ban were heard on Wednesday, with rulings from those hearings still to come. | Hawaii was the first ruling of the day, but more challenges to the travel ban were heard on Wednesday, with rulings from those hearings still to come. |
| Maryland | Maryland |
| American Civil Liberties Union and the National Immigration Law Center, on behalf of refugee resettlement agencies, argued for a restraining order on the revised travel ban in front of district judge Theodore Chuang. | American Civil Liberties Union and the National Immigration Law Center, on behalf of refugee resettlement agencies, argued for a restraining order on the revised travel ban in front of district judge Theodore Chuang. |
| Washington state | Washington state |
| A group of plaintiffs in Seattle who are applying for immigrant visas asked for the travel ban to be halted, backed by Washington state, California, Maryland, Massachusetts, New York and Oregon. | A group of plaintiffs in Seattle who are applying for immigrant visas asked for the travel ban to be halted, backed by Washington state, California, Maryland, Massachusetts, New York and Oregon. |
| Their argument was heard by district judge James Robart – the judge who first temporarily suspended the first ban. | Their argument was heard by district judge James Robart – the judge who first temporarily suspended the first ban. |
| When will we get the rulings? | When will we get the rulings? |
| It’s not yet clear. Both Robart and Chuang said they would issue written rulings in their cases, but did not say when. | It’s not yet clear. Both Robart and Chuang said they would issue written rulings in their cases, but did not say when. |
| 1.55am GMT | 1.55am GMT |
| 01:55 | 01:55 |
| Hawaii’s attorney general, Doug Chin, said he had no option but to challenge the US president’s latest travel ban because it “takes us back half a century”: | Hawaii’s attorney general, Doug Chin, said he had no option but to challenge the US president’s latest travel ban because it “takes us back half a century”: |
| 1.41am GMT | 1.41am GMT |
| 01:41 | 01:41 |
| In a statement, the US justice department says it “strongly disagrees” with the court ruling that has temporarily blocked the travel ban. | In a statement, the US justice department says it “strongly disagrees” with the court ruling that has temporarily blocked the travel ban. |
| Here’s the full statement: | Here’s the full statement: |
| The department of justice strongly disagrees with the federal district court’s ruling, which is flawed both in reasoning and in scope. | The department of justice strongly disagrees with the federal district court’s ruling, which is flawed both in reasoning and in scope. |
| The president’s executive order falls squarely within his lawful authority in seeking to protect our nation’s security, and the department will continue to defend this executive order in the courts. | The president’s executive order falls squarely within his lawful authority in seeking to protect our nation’s security, and the department will continue to defend this executive order in the courts. |
| Updated | Updated |
| at 1.46am GMT | at 1.46am GMT |
| 1.30am GMT | 1.30am GMT |
| 01:30 | 01:30 |
| Trump: 'I want people who love our country' | Trump: 'I want people who love our country' |
| In an interview recorded before news broke of the block on the travel ban, Trump spoke to Fox News Channel’s Tucker Carlson Tonight show. | In an interview recorded before news broke of the block on the travel ban, Trump spoke to Fox News Channel’s Tucker Carlson Tonight show. |
| Carlson asked him: | Carlson asked him: |
| Do you think it’s possible to move a large Muslim population into the West and successfully integrate them into Western culture? Have you seen that anywhere? | Do you think it’s possible to move a large Muslim population into the West and successfully integrate them into Western culture? Have you seen that anywhere? |
| Here’s Trump’s response: | Here’s Trump’s response: |
| Well, it’s not easy. And it certainly hasn’t been easy. You look at Germany, you know, I took a lot of heat over Sweden [when he cited a non-existent terror attack] and then the next day they had this massive riot and now nobody talks about it*. It certainly has not proven to be easy. | Well, it’s not easy. And it certainly hasn’t been easy. You look at Germany, you know, I took a lot of heat over Sweden [when he cited a non-existent terror attack] and then the next day they had this massive riot and now nobody talks about it*. It certainly has not proven to be easy. |
| Could it be done in the US, Carlson asked Trump. | Could it be done in the US, Carlson asked Trump. |
| Well, they’ve been trying, and we’ll let you know. The assimilation has been very, very hard. It’s been a very, very difficult process. I want this country to be safe. I want this country to be great. And it’s called make America great again. That’s where I got elected. I want people that love our country. And many Muslims do. Many, many Muslims do. But it has been a hard process. | Well, they’ve been trying, and we’ll let you know. The assimilation has been very, very hard. It’s been a very, very difficult process. I want this country to be safe. I want this country to be great. And it’s called make America great again. That’s where I got elected. I want people that love our country. And many Muslims do. Many, many Muslims do. But it has been a hard process. |
| If you look at Germany, what’s happened. If you look at Sweden, what’s happened. If you look at Brussels, take a look at Brussels, I mean look what’s going on. Take a look at so many other places. It has been a very hard process. We are going to try very, very hard to make it work. | If you look at Germany, what’s happened. If you look at Sweden, what’s happened. If you look at Brussels, take a look at Brussels, I mean look what’s going on. Take a look at so many other places. It has been a very hard process. We are going to try very, very hard to make it work. |
| [* You can read about the Rinkeby riot here in the Guardian, here in the New York Times, here in the Washington Post, for starters.] | [* You can read about the Rinkeby riot here in the Guardian, here in the New York Times, here in the Washington Post, for starters.] |
| 1.11am GMT | 1.11am GMT |
| 01:11 | 01:11 |
| Ruling: purpose of ban is to 'suspend entry of Muslims' | Ruling: purpose of ban is to 'suspend entry of Muslims' |
| It’s possible that Trump’s argument that the revised travel ban is a “watered-down version” of the original could hurt, not help, his case, given the Hawaii ruling raised this very issue in its decision to halt the implementation of travel ban no 2. | It’s possible that Trump’s argument that the revised travel ban is a “watered-down version” of the original could hurt, not help, his case, given the Hawaii ruling raised this very issue in its decision to halt the implementation of travel ban no 2. |
| The ruling cites comments put forward by the plaintiffs made by Stephen Miller, a senior adviser to Trump, who made similar “watered-down” arguments: | The ruling cites comments put forward by the plaintiffs made by Stephen Miller, a senior adviser to Trump, who made similar “watered-down” arguments: |
| On February 21, Senior Advisor to the President, Stephen Miller, told Fox News that the new travel ban would have the same effect as the old one. He said: “Fundamentally, you’re still going to have the same basic policy outcome for the country, but you’re going to be responsive to a lot of very technical issues that were brought up by the court and those will be addressed. But in terms of protecting the country, those basic policies are still going to be in effect.” | On February 21, Senior Advisor to the President, Stephen Miller, told Fox News that the new travel ban would have the same effect as the old one. He said: “Fundamentally, you’re still going to have the same basic policy outcome for the country, but you’re going to be responsive to a lot of very technical issues that were brought up by the court and those will be addressed. But in terms of protecting the country, those basic policies are still going to be in effect.” |
| The ruling goes on, citing the Miller comments and others made by Trump and Rudy Giuliani: | The ruling goes on, citing the Miller comments and others made by Trump and Rudy Giuliani: |
| These plainly-worded statements, made in the months leading up to and contemporaneous with the signing of the Executive Order, and, in many cases, made by the Executive himself, betray the Executive Order’s stated secular purpose. | These plainly-worded statements, made in the months leading up to and contemporaneous with the signing of the Executive Order, and, in many cases, made by the Executive himself, betray the Executive Order’s stated secular purpose. |
| Any reasonable, objective observer would conclude, as does the Court for purposes of the instant Motion for TRO, that the stated secular purpose of the Executive Order is, at the very least, ‘secondary to a religious objective’ of temporarily suspending the entry of Muslims. | Any reasonable, objective observer would conclude, as does the Court for purposes of the instant Motion for TRO, that the stated secular purpose of the Executive Order is, at the very least, ‘secondary to a religious objective’ of temporarily suspending the entry of Muslims. |
| 1.05am GMT | 1.05am GMT |
| 01:05 | 01:05 |
| Liz Barney was in the courtroom in Honolulu earlier today. She has this dispatch from the chamber: | Liz Barney was in the courtroom in Honolulu earlier today. She has this dispatch from the chamber: |
| In the packed Hawaii federal courtroom on Wednesday morning, Judge Derrick Watson had given no indication of how he would rule. Lawyer Colleen Sinzdak, representing the state of Hawaii, had argued the plaintiffs had “ample evidence” the order was religiously motivated. She cited Trump’s campaign call to prevent Muslim immigration, which has not been removed from his campaign website. | In the packed Hawaii federal courtroom on Wednesday morning, Judge Derrick Watson had given no indication of how he would rule. Lawyer Colleen Sinzdak, representing the state of Hawaii, had argued the plaintiffs had “ample evidence” the order was religiously motivated. She cited Trump’s campaign call to prevent Muslim immigration, which has not been removed from his campaign website. |
| Watson propped his chin on folded hands as he expressed uncertainty over whether the court should “close our eyes to historical context”, pointing out that Judge Leonie Brinkema had used similar information to inform her decision in Virginia in February. | Watson propped his chin on folded hands as he expressed uncertainty over whether the court should “close our eyes to historical context”, pointing out that Judge Leonie Brinkema had used similar information to inform her decision in Virginia in February. |
| His decision blocking the ruling ultimately cited that context – statements from Trump’s campaign – to find that the order was likely unconstitutional. | His decision blocking the ruling ultimately cited that context – statements from Trump’s campaign – to find that the order was likely unconstitutional. |
| Jeffrey Wall, a lawyer for the office of the solicitor general, argued that Judge Brinkema “did look beyond the law, but we now have before us a very different law”. | Jeffrey Wall, a lawyer for the office of the solicitor general, argued that Judge Brinkema “did look beyond the law, but we now have before us a very different law”. |
| He argued there was no substantiated proof the ban would cause any immediate harm to citizens of Hawaii, but rather the opposite. “These claims are not just wrong, but dangerous” he said, asserting the complaint set a dangerous precedent that could restrict the president’s authority to act on intelligence and protect citizens from potential threats. | He argued there was no substantiated proof the ban would cause any immediate harm to citizens of Hawaii, but rather the opposite. “These claims are not just wrong, but dangerous” he said, asserting the complaint set a dangerous precedent that could restrict the president’s authority to act on intelligence and protect citizens from potential threats. |
| 12.57am GMT | 12.57am GMT |
| 00:57 | 00:57 |
| At his Nashville rally, Trump called the revised travel ban a “watered-down version” of his original executive order – which he said the government should revert to, despite the court now blocking both orders. | At his Nashville rally, Trump called the revised travel ban a “watered-down version” of his original executive order – which he said the government should revert to, despite the court now blocking both orders. |
| How are the two orders different? | How are the two orders different? |
| The new order formally cancels the first, and tries to resolve legal problems raised by it. It narrows the countries down to six – Syria, Sudan, Yemen, Iran, Somalia and Libya (removing Iraq from the list). | The new order formally cancels the first, and tries to resolve legal problems raised by it. It narrows the countries down to six – Syria, Sudan, Yemen, Iran, Somalia and Libya (removing Iraq from the list). |
| It explicitly exempts people with valid visas and green cards from the order, and says that Syrian refugees – banned indefinitely under the original order – will not be treated differently than other refugees. | It explicitly exempts people with valid visas and green cards from the order, and says that Syrian refugees – banned indefinitely under the original order – will not be treated differently than other refugees. |
| Unlike the original, the order also makes clear that US agencies will review case-by-case exceptions. | Unlike the original, the order also makes clear that US agencies will review case-by-case exceptions. |
| The new order removes a provision that gave priority to religious minorities in their home countries – a section that opponents linked to the president’s stated preference for Christian refugees – but also defends it, saying: “That order was not motivated by animus toward any religion.” | The new order removes a provision that gave priority to religious minorities in their home countries – a section that opponents linked to the president’s stated preference for Christian refugees – but also defends it, saying: “That order was not motivated by animus toward any religion.” |
| 12.45am GMT | 12.45am GMT |
| 00:45 | 00:45 |
| Oliver Laughland | Oliver Laughland |
| Today’s ruling came after a series of last-minute federal court hearings around the country on Monday, where the government was forced to defend the new ban against similar claims. | Today’s ruling came after a series of last-minute federal court hearings around the country on Monday, where the government was forced to defend the new ban against similar claims. |
| Judges in Maryland and in Washington state are also set to rule shortly. | Judges in Maryland and in Washington state are also set to rule shortly. |
| But the Hawaii decision sets up a protracted legal battle for the Trump administration, which will likely appeal the decision. | But the Hawaii decision sets up a protracted legal battle for the Trump administration, which will likely appeal the decision. |
| Trump had indicated after his last ban was blocked by a judge in Washington state that he was willing to take the case to the supreme court. That ruling was upheld in a unanimous ruling by a federal appeals court. | Trump had indicated after his last ban was blocked by a judge in Washington state that he was willing to take the case to the supreme court. That ruling was upheld in a unanimous ruling by a federal appeals court. |
| Ultimately, however, he issued the revised order to replace the first ban in the hope it would make it through the courts. | Ultimately, however, he issued the revised order to replace the first ban in the hope it would make it through the courts. |
| 12.33am GMT | 12.33am GMT |
| 00:33 | 00:33 |
| Trump continues: | Trump continues: |
| The best way to keep foreign terrorists – or as some would say, radical Islamic terrorists – the best way to stop them is to keep them from entering our country in the first place. | The best way to keep foreign terrorists – or as some would say, radical Islamic terrorists – the best way to stop them is to keep them from entering our country in the first place. |