Donald Trump travel ban: US judges refuse to reinstate his executive order - president lashes out: 'I'll see you in court'

• 9th US Circuit Court of Appeals rules against Mr Trump

• Trump indicates case will go on to US Supreme Court

• Poll: Americans still support Trump's position

• Hillary Clinton reacts with "3-0" tweet

• Explainer: What happens next?

• The judgment in full

• What is the separation of powers

• Who are the three judges who defied President Trump?

Donald Trump has suffered the biggest defeat of his short presidency as a court refused to reinstate his executive order banning refugees and restricting travel to the United States from seven Muslim-majority countries. 

Federal and local law enforcement agencies have increased protection for the judges involved, amid threats against more than one of them, as tensions run high over the decision. 

Furious at the unanimous decision by a panel of three judges to uphold the halt placed on his travel ban, Mr Trump indicated he would now make good on a pledge to take the case to the Supreme Court.  

“See you in court, the security of our nation is at stake!” he tweeted in capital letters.

In response, Washington Gov. Jay Inslee, a Democrat who leads one of the states that challenged the ban, said: "Mr. President, we just saw you in court, and we beat you."

In the 29-page ruling, the judges at the San Francisco court of appeals said the government had failed to provide enough evidence that urgently implementing the ban was necessarily for the country's security.

The appellate judges noted compelling public interests on both sides.

"On the one hand, the public has a powerful interest in national security and in the ability of an elected president to enact policies. And on the other, the public also has an interest in free flow of travel, in avoiding separation of families, and in freedom from discrimination."

At a glance | Donald Trump’s immigration ban

Mr Trump told reporters his administration ultimately would win the case and dismissed the ruling as "political."

The Justice Department said it was "reviewing the decision and considering its options." It was the first day on the job for new Attorney General Jeff Sessions, who was sworn in at the White House earlier on Thursday by Vice President Mike Pence. 

Mr Trump had said he would blame the country’s judiciary for any terrorist attacks on US soil while the ban was blocked, and publicly belittled the judge responsible for blocking it.

The US president said “bad and dangerous people” were “pouring” across the border as a result of the judge’s decision, and pledged that it would be quickly reversed.

Timeline | Donald Trumps travel ban

Democrats were celebrating the court's ruling. Chuck Schumer, a senator for the party from New York, urged Mr Trump to admit defeat.

"President Trump ought to see the handwriting on the wall that his executive order is unconstitutional," he wrote in a statement. "He should abandon this proposal, roll up his sleeves and come up with a real, bipartisan plan to keep us safe."

Mr Trump's executive order, signed last month saw citizens from seven countries -  Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen – suddenly barred from entering the US for 90 days. The US refugee programme was also suspended indefinitely. 

The decision prompted mass protests around the country, and brought chaos to American airports as hundreds of people - including green card holder - were detained at the border.

James Robart, a US district judge in Seattle, then intervened issuing a temporary restraining order halting the ban after the states of Washington and Minnesota sued.

Last night the appeals court upheld Judge Robart’s ruling.

It came after a hearing in which the states of Washington and Minnesota had argued the ban unconstitutionally blocked entry to people based on religion.

In a heated hour-long hearing streamed live on the Internet  both sides presented their cases. August Flentje, representing the Department of Justice argued that the courts could not second-guess the president’s determination that such a step was needed to prevent terrorism.

Noah Purcell, the opposing lawyer, claimed that Mr Trump had shown a “desire to harm Muslims”, and that the ban was inherently prejudicial. 

He presented a claim by Rudy Giuliani, the Trump ally and former New York mayor, that he had been asked to draw up a legal version of the Muslim ban Mr Trump proposed during the campaign as evidence the executive order was designed to discriminate against Muslims.

The judges peppered lawyers from both sides with tough questions surrounding the legality of the order. But ultimately it was Mr Flentje, arguing on behalf of the government who seem particularly flummoxed. He said, “I’m not sure I’m convincing the court.”

Mr Trump called a hearing from the appeals court on Tuesday “disgraceful”, because of the scepticism shown by the three court panel toward his “perfectly written” executive order.

The court battle is far from over. The lower court still must debate the merits of the ban, and an appeal to the U.S. Supreme Court seems likely. That could put the decision in the hands of a divided court that has a vacancy. Trump's nominee, Neil Gorsuch, is unlikely to be confirmed in time to take part in any consideration of the ban, which was set to expire in 90 days unless it is changed.

9:42AM

Hundreds of thousands march on Tehran

Josie Ensor reports:

Hundreds of thousands are marching in Tehran to mark the anniversary of the 1979 Islamic revolution.

Printed US flags and pictures of current and former US presidents were flattened on the road and trampled by some participants.

Some posters distributed in English read: "Thanks to American people for supporting Muslims," alluding to the large-scale protests which took place across the US against the executive order on immigration.

Another one next to a picture of Trump said: "Thanks Mr Trump ... for revealing the face of the US," a reference to remarks Tuesday by Iran's supreme leader in which he said the "newcomer" Trump had shown the "real face" of the United States.

Some people threw balls and darts targeting pictures of Trump and Israeli Prime Minister Benjamin Netanyahu.

Mohammed Mersin told the Telegraph from Tehran that he was glad that Trump's ban had been overturned.

"It's good if an American court can limit Trump's power, it means the law is above all. Of course people in Iran are worried about what Trump will do, he's a mad man who hates Muslims and women.

"But we Iranian can separate what Trump does from what the American people do."

9:00AM

David Miliband 'grateful to get back to work resettling refugees'

Raf Sanchez reports:

David Miliband, the former foreign secretary, has been an outspoken critic of the travel ban in his new role as head of the International Rescue Committee, an organisation that aids refugees. 

Speaking after the federal appeals court refused to reinstate Mr Trump's ban, he said:

"The confusion and chaos that resulted from the Administration’s hasty and harmful executive order should be a lesson to keep intact carefully developed procedures that have kept America safe. 

"We are grateful that we can get back to work resettling refugees who have fled the terrors of war and violence, while also caring for those who remain trapped in conflict zones."

8:53AM

Increased security for judges amid 'threats'

Federal and local law enforcement agencies have increased protection for the judges involved in the legal challenge against president Donald Trump's travel ban, after threats against more than one of them.

Details of the specific threats were not disclosed but agencies were treating them seriously, CNN reports.

Mr Trump has drawn criticism for lashing out publicly at the judges, amid concern his comments could spur on unhappy litigants. 

But advisor Leonard Leo told CNN it was a "huge stretch" to equate the criticism of the president with any threat to judicial security. 

"President Trump is not threatening a judge, and he's not encouraging any form of lawlessness," Mr Leo said. "What he is doing is criticising a judge for what he believes to be a failure to follow the law properly."

5:44AM

GOP takes its side

The Republican National Committee has shared its support with Donald Trump on Twitter.

5:31AM

Emergency motion DENIED

A federal appeals court refused on Thursday to reinstate US president Donald Trump's ban on travellers from seven predominantly Muslim nations, unanimously rejecting the administration's claim of presidential authority, questioning its motives and concluding that the order was unlikely to survive legal challenges.

The three judges of the San Francisco-based 9th US circuit court of appeals said the argument that the ban targets Muslims raised "serious allegations" and presented "significant constitutional questions," and they agreed that courts could consider statements by Trump and his advisers about wishing to enact such a ban.

Here is the beginning of the ruling by judges William Canby, Richard Clifton and Michelle Friedland:

Read the full ruling here.

5:09AM

Donald Trump backs "one China" policy in call with China's Xi Jinping

Donald Trump has backed down over his confrontational stance towards Beijing, committing to the "One China policy" in his first phone call with the Chinese president since taking office, writes the Telegraph's China correspondent Neil Connor.

In a move that is certain to ease tensions between the United States and China, Mr Trump “agreed, at the request of president Xi Jinping, to honour our ‘one China’ policy,” the White House said in a statement. The “lengthy telephone conversation” on Thursday evening was “extremely cordial” and the two leaders “extended invitations to meet in their respective countries,” the statement added. 

Read the full story here.

4:10AM

Donald Trump speaks with Afghan leader as US commander calls for more troops

Donald Trump and Afghan president Ashraf Ghani discussed security in a phone call on Thursday, officials said, hours after the top US commander in Afghanistan said thousands more troops were needed to break a stalemate with the Taliban.

Mr Trump and Mr Ghani also spoke about opportunities to strengthen ties, counterterrorism cooperation and economic development, the White House said in a statement.

It said Mr Trump also emphasised the continuing importance of the US-Afghanistan strategic partnership and his support for Mr Ghani's government, which is faced with an emboldened Taliban-led insurgency that is still gaining ground after more than 15 years of war.

The Afghan embassy in Washington said Mr Trump and Mr Ghani had spoken on December 3, but Thursday's call was their first since Mr Trump's inauguration on Jan. 20.

Hours before the call, General John Nicholson, the commander of US and international troops in Afghanistan, told the senate armed services committee in Washington he did not have enough troops to adequately advise Afghan forces on the ground.

Mr Nicholson said he had enough US troops to carry out counterterrorism operations against the Taliban, al-Qaeda and other insurgents but also acknowledged gains made by the Taliban over the past year.

"We have a shortfall of a few thousand," Mr Nicholson said.

Trump has so far offered little clarity about whether he might approve more forces for Afghanistan.

About 8,400 US troops remain in Afghanistan, well down from their peak of about 100,000 in 2011.

2:36AM

Senator Blumenthal on Donald Trump referencing his Vietnam controversy

Richard Blumenthal has talked to CNN about Donald Trump referencing his Vietnam controversy: "This issue is not about me. It's far bigger than me."

The Democratic Connecticut senator had been attacked by Mr Trump over his Vietnam record after disclosing that Judge Neil Gorsuch, the president's supreme court nominee, found Mr Trump's criticism of the judiciary "demoralising" and "disheartening."

Mr Trump insisted that Mr Blumenthal "misrepresented" comments from Mr Gorsuch, who expressed misgivings about the president's attacks on a judge. Mr Gorsuch's comments were first reported by Mr Blumenthal, but were subsequently confirmed by two other senators who heard versions of the same thing, and verified by the White House-appointed handlers shepherding Mr Gorsuch around Capitol Hill.

Nevertheless, sitting at a White House lunch between two of Blumenthal's Democratic colleagues, Heidi Heitkamp of North Dakota and Joe Manchin of West Virginia, Mr Trump took the opportunity of a shouted question from a reporter to lash out at Mr Blumenthal, dredging up a years-old controversy in which the former Marine Corps reservist apologised for falsely saying he had served in Vietnam.

"What you should do is ask Sen Blumenthal about his Vietnam record that didn't exist after years of saying it did. Ask Sen Blumenthal about his Vietnam record," Mr Trump said. "He misrepresented that just like he misrepresented Judge Gorsuch."

The Connecticut senator defended himself in a series of interviews on Thursday, insisting that he had correctly characterised Mr Gorsuch's reaction to Mr Trump's attacks against a "so-called judge," as the president described the Seattle judge who put a stay on his refugee travel ban.

1:47AM

Kellyanne Conway: We will prevail

Kellyanne Conway, a senior White House adviser, told Fox News: "It's an interim ruling and we're fully confident that now that we will get our day in court and have an opportunity to argue this on the merits we will prevail."

Asked if the administration would go to the Supreme Court, she said: "I can't comment on that. ... He will be conferring with the lawyers and make that decision."

The Trump top adviser made waves earlier in the day when she urged the president’s supporters to buy Ivanka Trump’s line of clothing and accessories after they were dropped by a major department store, in what could be a violation of government ethics rules.

Mrs Conway was responding to the decision by Nordstrom to pull Ivanka Trump brand products off its shelves, a move Mr Trump denounced on Wednesday as “so unfair”.

“Go buy Ivanka’s stuff,” Mrs Conway said, speaking on Thursday from the White House briefing room. “I’m going to go get some myself today. 

Read that story here.

1:39AM

 '3-0': How Hillary Clinton and the internet reacted to Donald Trump's travel ban defeat 

Donald Trump was quick off the mark when he tweeted his reaction to the federal appeals court refusing to reinstate his travel ban, but his former rival Hillary Clinton was not far behind, writes Chris Graham.

The panel of three judges from the San Francisco-based 9th US Circuit Court of Appeals declined to block a lower-court ruling that suspended the ban and allowed previously barred travellers from seven predominantly Muslim nations to enter the US.

Read the full story here.

1:35AM

Washington state governor to Donald Trump: We beat you

Jay Inslee, the Democratic governor of Washington state, has responded to president Donald Trump's tweet after a federal appeals court refused to reinstate the travel ban.

Trump tweeted: "SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!" In response, Mr Inslee said, "Mr. President, we just saw you in court, and we beat you."

Meanwhile, Washington state's attorney general said that Mr Trump should withdraw his "flawed, rushed and dangerous" ban.

Bob Ferguson also said in a statement that if Mr Trump doesn't pull the executive order, he "will continue to hold him accountable to the Constitution."

Washington state and Minnesota sued over the ban. A federal appeals court has refused to reinstate it.

1:28AM

Trravel (sic) ban opposers take to Twitter in a rush to celebrate the ruling

Opposers of Donald Trump's travel ban have taken to Twitter to celebrate the ruling of the 9th US circuit court of appeals.

Some appear to have rushed a bit and typos have started to emerge:

1:22AM

Donald Trump's Supreme Court nominee could play decisive role in legal battle over travel ban

With Donald Trump’s travel ban now likely destined to come before the US Supreme Court, the president’s nominee to join the high court could play a decisive role, writes David Lawler.

While an appeals court in San Francisco was unanimous in refusing to reinstate the ban, that ruling will be in peril when it reaches Washington.

The appeals court leans to the left, with two of the three members appointed by Democrats, but the Supreme Court is more evenly balanced, with four justices nominated by Democrats, and four nominated by Republicans.

Read the full story here.

Profile | Neil Gorsuch

1:18AM

Sean Spicer: We are very very confident in the president's authority on this

Sean Spicer has told Breitbart News, far-right American news outlet previously run by Stephen Bannon, that the Trump administration feels "very very confident about the president's authority" on the executive order.

In a two and a half-minute awkward interview, which begins with the interviewer Charlie Spiering getting the number of countries named in the ban wrong, the White House press secretary said that the administration is "looks forward to a full hearing on the merits " of the case adding that the White House feels "very confident" that it will prevail. 

12:59AM

Donald Trump: We'll win easily

Donald Trump has spoken to pool reporters following the announcement of the ruling. 

"It's a political decision and we'll see them in court," Mr Trump told the press. "We have a situation where the security of our country is at stake. And it's a very very serious situation."

Asked whether the decision undercuts the early days of his presidency Mr Trump said:

"No, this is just a decision that came down but we'll win the case."

Mr Trump also said that he had not conferred yet with his newly confirmed attorney general Jeff Sessions, "we've just heard the decision."

The president said that he found out about the decision from the news before adding "It’s a decision that we’ll win, in my opinion, very easily."

12:41AM

US Justice Department "considering options" 

The US Justice Department has responded by saying it is "reviewing the decision and considering its options".

It's the first day on the job for new Attorney General Jeff Sessions, who was sworn in at the White House earlier in the day by Vice President Mike Pence.

Timeline | Donald Trumps travel ban 12:23AM

Hillary Clinton gives a succinct reaction

Mrs Clinton emphasised that the three judges were unanimous.

12:15AM

Trump: "We're gonna win the case"

12:03AM

Who are the judges?

Here's a refresher on the three - Judge Richard Clifton, Judge Michelle Friedland and Judge William Canby - who made the decision

12:00AM

Bernie Sanders welcomes ruling

11:59PM

A president's national security decisions 

According to this interpretation a president's national security decisions are reviewable by a court.

11:54PM

Washington state governor declares "victory"

Jay Inslee, Democratic Governor of Washington state, said: "This is a victory for Washington state and indeed the entire country."

He said the decision emphasised that no one is above the law, not even the president.

Washington state and Minnesota brought the case over the ban.

11:52PM

Court says no terrorist attacks by someone from the seven countries

The US government had failed to produce any evidence that anyone from the countries named in the executive order had committed a "terrorist attack" in the US, the judges concluded.

Their ruling said: "Rather than present evidence to explain the need for the executive order the government has taken the position that we must not review its decision at all. We disagree."

11:50PM

Judges: 'Compelling arguments on both sides'

In their ruling the three appeal judges said: "On the one hand, the public has a powerful interest in national security and in the ability of an elected president to enact policies.

"And on the other, the public also has an interest in free flow of travel, in avoiding separation of families, and in freedom from discrimination."

11:45PM

Judges reject notion immigration policy is at president's discretion alone

The three appeal judges have unanimously rejected the Justice Department's arguments that the president's authority on immigration policy is his discretion alone, with no authority for review by the courts.

The panel said there is no precedent to support that notion, which "runs contrary to the fundamental structure of our constitutional democracy".

Washington and Minnesota had raised serious allegations about religious discrimination in President Donald Trump's ban on seven predominantly Muslim countries, the judges decided.

11:41PM

Mr Trump indicates the case will go to the Supreme Court

11:32PM

Appeal court rules against President Trump on travel ban

The appeals court in San Francisco has refused to reinstate President Donald Trump's ban on travelers from seven predominantly Muslim nations.

The 9th US Circuit Court of Appeals wouldn't block a lower-court ruling that suspended the ban and allowed previously barred travelers to enter the US.

Government lawyers argued that the ban was a "lawful exercise" of the president's authority and that the seven countries have raised terrorism concerns.

The states of Washington and Minnesota had said Mr Trump's executive order unconstitutionally blocked entry based on religion.

11:25PM

Appeals court refuses to reinstate Trump travel ban

The federal appeals court in San Francisco has refused to reinstate president Donald Trump's ban on travellers from seven predominantly Muslim nations.

The panel of three judges from the 9th US circuit court of appeals unanimously declined to block a lower-court ruling that suspended the ban and allowed previously barred travelers to enter the US. An appeal to the US Supreme Court is possible.