he's done for us on the air and behind the scenes. we wish him only the best for him and his wonderful family as he moves on. thank you, jay. erin burnett outfront starts right now. next, breaking news. trump's day, well, pretty bad. the president losing five major court cases including one that could give democrats his tax returns. the former ambassador to ukraine unleashing an attack on the president's scandal. she is still behind closed doors. the president refusing to say if rudy giuliani is still his personal attorney. whoa. is trump turning on his long time fall guy. let's go out front. good evening. tonight, the breaking news. it's a brutal day for president trump from congress to the courts. first, explosive testimony from a key witness in the impeachment

inquiry. the former ambassador to ukraine defying trump and the state department's order to stay silent. as i speak ambassador marie yavanovitch is still behind closed doors. she pointed the if i think rfin the president of the united states of targeting her. he said this. >> she may be a wonderful woman. i don't know her. she may be very much a wonderful woman. i just.n don't know her. >> he doesn't know her. unfortunately, according to the theory transcript that he calls perfect and word for word he

talked about yovanovitch to the president of ukraine. he said the woman was bad news. he went off contradicting himself in the same question and answer session. here he is at another point. >> why did you recall the u.s. ambassador to ukraine? was she a problem? >> i heard very beside thiad tht her. i don't know if i recalled her but i heard very bad things a bt h -- about her. >> trump i's stumble around the comes after five setbacks today coming within hours of each other. democrats could be within reach of trump's tax returns. this was a crucial court ruling. a judge ruling against to keep them under wraps. another lawsuit on the wall and another loss the court. three other federal judges blocking his rule making it

harder for immigrants to obtain legal status. his response, pretend he knows nothing about it. >> we lost on immigration. i haven't heard that. we'll win. >> perhaps the best you can put on what was a bad day is i hadn't heard that. pamela brown is outside the white house. this was not a good day for the preside . >> reporter: that's right. he's ending this week with a barrage of more negative head lie headlines. the former ukrainian ambassador testified that the president directly campaigned for her to be fired for political purposes. democrats claim the white house tried to block her from testifying. she showed up any way. the president addressed her testimony. he said she may be a wonderful woman but he didn't know her and deflected saying it was the ukrainian president who did not like her. in a devastating blow the president lost several high profile court cases today.

earlier today he lost that court battle over turning -- turning over several years of his tax returns to congress. his lawyers say they are waiting an appeal on that decision by the d.c. appeals court and he lost court battle. the president's national emergency declaration to build a border call is unlawful. a federal judge blocked a trump administration rule that makes it more difficult for immigrants who rely on public assistance to obtain legal status. i asked the president about this today. he said he hadn't about the rulings on immigration when i asked him. this had been several hours but he did express confidence he would win and he pivoted focusing on the judge he's put on the bench. >> thank you very much. i'm going to go now to democratic congresswoman who sit ons t on the house and judiciary

committee. the deposition with the former ambassador to ukraine marie yovanovitch is still ongoing and we expect it to end momentarily. i know your staff is in that room. you have been briefed on what has happened so far. as far as you know, did she say anything that furthers your impeachment case against president trump? >> hi. it's great to be with you. it may have been a bad day for the president but it's been a good day for those of us who are in pursuit of justice and pursuit of the facts who are involved in this impeachment inquiry. my hats a you have to ambassador yovanovitch who, number one, appeared today and as you've already stated has been behind closed doors testifying all day long. there is no doubt that this is a career foreign service officer

who took her oath seriously. she served admirable for our country and committed to her duty. that really demonstrated itself today in her testimony. she's very courageous and today was no exception. >> has she spoken or how direct has she been about what he was explicitly asked to do in terms of getting ukraine to investigate joe biden and his son. >> i can't get into the details of her testimony. what i can tell you is that she's been behind closed doors and she's added very valuable testimony. she -- we would consider her a critical witness in our impeachment inquiry and i think she's added value and there's more to come. >> which is important that you would call her a critical witness in terms of what you see

as her importance thus far. some republicans have been complaining to cnn about the leak of yovanovitch's opening statement which they say that shouldn't have leaked out. it goes against the committee's secrecy rules for deposition and they point out that selective leaks can be misleading. are you concerned it leaked? i know it furthers your side of things but on principle, is it a problem in. >> well what i can say is it's great to hear my republican colleagues complain about the rules if their minds not being followed. that's great to hear and i think it's different from what they were saying last night, last week. we all should play by the rules. this is very serious business. it's a serious historical time for our country and we are about interview and fact witnesses. we're about protecting the identity of the whistle-blower who kind of started all of this

and we're interested in getting to the truth and i hope that my republican colleagues on the other side of the aisle share those views. >> i will say you point out they are saying it goes against the secrecy rule which is they have pointed to as being evidence of democrats unwillingness to be forthright. they are trying to play both sides of that coin. according to the democratic chairman, the white house and state department told marie yovanovitch not to testify. she defied that. she showed up. are you concerned the state department could retaliate against her? there was some talk they might say if you said one thing that we find was classified then we could prosecute you? >> well, i tell you what's disappointing and what i'm concerned about is the white house failure to cooperate with this inquiry, to acknowledge the oversight that is given to

congress in this impeachment inquiry. i'm disappointed that the state department would try to block someone who can provide critical information in this investigation. look, as i said earlier, ambassador yovanovitch is a career foreign service officer who has taken her oath very seriously. she has been described as courageous and tough. today is no exception. i'm delighted that she is committed to getting to the truth and uncovering corruption where ever it may exist and i'm delighted that she was willing to cooperate with us today. >> i don't know if you heard this but it just happened. i want to make sure you get oo chance to respond. mike pompeo was asked about his cooperation with the impeachment inquiry. he had told yovanovitch not to go. he responded. here is what he said, quote, we're going to do everything we're lawfully required to do. period, full stop. it's my duty. i raised my right hand said i'll

faithfully execute and i will. does he really believe what he's saying or do you think that's a giant lie? >> what i'll say is this, my husband likes to say you can make your mouth say anything and the best indication of future performance is to look at past performance. today secretary pompeo has not been a willing participant. it appears he has supported the white house efforts to obstruct our investigation. secretary pompeo was on the call on july 25th which makes him a fact witness. i hope he remembers what he said in that statement because we look forward to hearing his testimony and seeing whatever relevant documents that exists within the state department. >> thanks so much for your time tonight. >> thank you. next, is trump turning on his personal attorney? the guy who has taken the fall so many times he's broken his

face, rudy giuliani. >> is rudy giuliani still your personal attorney? >> i don't know. i haven't spoken to rudy. the former ambassador to ukraine's testimony was damaging but any next guest thinks it's the tip of the iceberg and the shep smith abruptly quitting. why? >> it's my hope ha tthat the fa will win the day. that the truth will always matter. plants capture co2. what if other kinds of plants captured it too? if these industrial plants had technology that captured carbon like trees we could help lower emissions. carbon capture is important technology - and experts agree. that's why we're working on ways to improve it. so plants... can be a little more...

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breaking news, a source telling c nrkcnn that rudy giul is still president trump's longer but will no longer deal with matters involving cre inin. this comes after trump was unwilling to say if he was his

attorney. let me may allow this question and answer went. >> is rudy giuliani still your personal attorney? >> i don't know. i haven't spoken to rudy. i spoke to him yesterday briefly. he's a very good attorney and he has been my attorney. >> i don't know. you are the person who decides. that's absurd. kim, let me start with you. the guy who hires his attorney says i don't know if he's still my attorney. wow. >> well, i think we have to put attorney in quotes. we saw this with his last perp attorney, michael cohen. we hear a lot about privilege

ps. the attorney-client impressive l -- privilege only applies if they are getting legal advice. it looks like mr. trump is distancing himself from rudy giuliani who clearly in some potential criminal legal liability in this moment. >> i hope he's not looking at michael cohen as the model of how things can turn out. i don't say it to laugh but this is what happened to the last person who was the personal attorney of the president. trump took rudy out by the knees by saying i don't know. that was not what you would say about somebody you were defending. rudy giuliani had no idea. yes rudy giuliani texted me when i asked was he still representing trump. i'm still his attorney, giuliani said again. >> the fact is the president and giuliani are joined at the hip and will remain that way for

whatever we're witnessing goes. that's a great liability for trump. he's not only giuliani in this midst of this conspiracy with these two gentlemen who were arrested but also what happened in ukraine is a conspiracy. that is the allegation and if there is a high crime and if there's as pyres a grave abuse of power, it has to do with a conspiracy in which the president of the united states and rudy giuliani have con spierpe conspired. they are joined and they will be joined. now republicans are starting to look at giuliani not as an asset in terms of ginning up the base but a real liability in this conjoinment that can sink the president if things keep going south. >> the difference -- there are many but on a very simplistic level, michael choohen and trum we have never seen the exchanges. with have the transcript where

the president said the president of ukraine talked to giuliani. >> the republican sources i'm talking to on the hill are very concerned about rudy giuliani. that's where they think the next shoe to drop is and i think what you're seeing from trump is classic donald trump. he's distancing himself but it's always interesting to watch trump do this for the man who demands so much loyalty. as soon as he gets nervous that you're not in his best interest, you're gone. >> does it mean he thinks he can be in trouble himself about they are joined a eed at the hip? >> i think that's right. i would suggest that giuliani has been a liability to the president for quite some time. it's been building recently and now it appears that rudy giuliani is the subject of a criminal investigation, if not the target, and so he has some

serious legal jeopardy and the president senses that. it will be awfully difficult for the president even if he pretends not to know him many the m coing days, which i predict will happen. it will be difficult for the president to distance himself in a real way from giuliani. it's too late for that. >> carl, rudy giuliani has changed the entire narrative of his career for donald trump. he was america's mayor. he's now trump's man. that is what he is. that is what people will remember him by. on the eve of the election when the tape came out about grab him by the p. no one could would defend trump. rudy giuliani took chris christie's spot and he said stuff like this. >> first of all, i don't know that he did that to anyone. this is talk. he who hasn't sinned throw the first stone here. the fact is that men, at time, talk like that. not all men but men do. >> what would you like me to

say? >> here is my question from this. if trump is selling out rudy, which he is doing publicly now. who is it that won't jump off trump's ship? why is it anybody would give a person loyalty when the person who did that for trump is still dispensable? >> trump has a lot of people around him who agree with what trump does and what he says and there are a will the of those people who will stay through no matter where it goes. i think there are some it won't happen to. we have to step back here and look at this conjoined apparatus which is giuliani and trump and the out of control, unraveling of both parties here. how this is looking in ret retrospect in terms of republican looking at video and looking at old video of rudy giuliani flapping and donald trump and what he has said.

we're talking about a matter of decorum between the two of them that is to extraordinarily out of anything we have seen before and now it might have helped with the base before, now that decorum itself is playing against both of them and makes the legal problems look bigger. >> a federal judge in texas, you have this issue with yovanovitch and now trump and this rudy giuliani situation. a federal judge ruled the national emergency declaration on the wall is unlawful. when he was asked about it the president said he was not aware of it. here is what he said. >> we lost onimmigration. i haven't heard that. we'll win. you know how manydon't. he also not a student of the

constitution. he said that members of congress can be impeached. this is about federal courts understand it's about having checks and balances on the office of the presidency. not even this particular man. they are running rough shot over all of them. the lawyers in the white house are making legally indefensible arguments that are stunning from my point of view having been in the justice department. i disagree. the courts are going to make it clear that there are limits on the president's power. he's wrong on that. i think every american should brush up on why we have this kind of three branch system of government. the framers did not want a monarchy. donald trump does not understand that. i think he will be surprised even at the supreme court level with the conservative judges who will also disagree with him. >> it will be interesting if they go the bill barr route if they see it as their ability to

increase the power of the executive branch. another court blocking his taxes. he says this could go to the supreme court. it's been a seven month battle with congress and a big loss tonight. >> donald trump likes wins. this was a loss. it's a big loss. he may decide, they are reviewing it, about going to the supreme court and they may do that because there is a tactic here to delay as long as possible. get closer and closer to the election. that court made very clear once again it is not going to interfere with the house. the house has the right to send out these subpoenas. he may delay but from everything we have seen, he's going to lose. >> he's not won on that one yet. all of you stay with me. the former ambassador to ukraine is moments away from wrapping up her testimony. our understanding is she's going to come out and we're going to hear live from some of the people there what happened.

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former u.s. ambassador to ukraine is testifying behind closed doors. we believe this is wrapg ping u and the chairman and ranking member will be coming to cameras soon. we'll give that to you live.

trump talked about her in the transcript. she was very bad. according to the new york times and the washington post in her appearance today she blasted what she called a quote conserted campaign to remove her. she said pit was tied to trump. she said although i understand i served at the pleasure of the president i was never anything else inkrecredulous that the u. chose to remove an ambassador by people with questionable motives which is a clear reference to rudy giuliani, trump's then lawyer who was leading a push to dig up dirt on joe biden. everybody is back with me. how damaging do you think her testimony was today. >> congresswoman demming was right. from what we have seen and heard

what has been reported, she seeme seems to be right at the center of this and a critical witness and a whistle-blower in effect is the way i would describe her. this is not an easy thing for a current state department official to do but she clearly feels strongly that she has information that the congress and the american people need to know. i assume she believes that her situation and the ukraine situation has been mischaracterized and she needs to set the record straight. lit be fascinating to see what she said today when the details come out. >> obviously, wooe'll hear the spin of both sides live. what does it say to you that she did testify? that he didn't want her to. she's a current employee of the state department even though she was removed from her position. she defied that and she went and showed up today. what does that say to you? what risks are she taking? >> it's shows a trend that we have career professional who is

are saying enough is enough even if that means putting their own futures in jeopardy and their own reputation on the internet. there's a lot of trump supporters that would not be happy with someone like this. just to be clear, she's right. this is completely within the president's right to pull her back. the issue is that the narrative appears to be that the reason she was pulled back was potentially that she had an objection to the efforts to get the ukrainian prosecution team to investigate american citizens. that is joe biden and his son. that's an illegal act. that's really what is at issue here. people need to understand that within the government we hear conspiracy theories but i was in the government. these people are public servants who really care. what she is saying is america, this is serious. this is not only serious for the sfwegty of the presidency and our separation of powers but it's serious for purposes of national security and the state

department's ability to function, to keep america safe. >> jamie, what do you make of, i guess in a sense she's been part of this but she had been silenced until now. obviously, her removal happened in may, over her refusal to try to further investigation into joe biden on the d.l. >> we're hearing her testimony was scathing but we just received a letter that comes former high ranking state department defense national security officials, 27 of them signed it. these are people like former deputy secretary of state tony blinking, eric eddelman, nick burns. this is an open letter that we have just gotten addressed to mike pomompeo, secretary of sta because they are so concerned

about the ambassador's safety that they are asking pompeo to defend and support her. we are particularly concerned by president trump's reported statement that she's quote, she's going to go through some things. such language could be interpreted as a threat of some kind. they are putting this out there and they are calling on secretary of state pompeo to support, defend and protect her. that's how concerned they are. >> we hear she's critical and yet from the latest washington post reporting are learning that john bolton, after this phone call, or before the phone call goes ballistic when gordon sondland showed up and was pulled back by the white house and may show up or not now, suggests doing all this to investigate joe biden.

john bolton goes ballistic. >> and there are witnesses and they are going to testify and bolton will make known what he witnessed. he did not leave this administration walking out the door a happy camper. the president, he disagreed really strenuously with what the president's foreign policy objectives were in afghanistan and he left not on good terms. he's a real threat, more than anyone else. he's in a position to say out loud what mcmaster, kelly, others said under the table a little bit. that the president of the united states and bolton said this to others is a danger to the national security of this country. we have never had a president before whose principal national security adviser thinks he's a danger to the national security.

>> will we hear from someone like john bolton. the other day we heard from h.r. mcmaster where he said the poen call was inappropriate. that's a sound bite. it gets out there and didn't get amplif amplified. testimony from someone like john bolton will be a game changer. will it happen in. >> it could. i men hell hath no fury like a former national security adviser scorned. he may come forward and do that. he's not universally loved in washington. he can be very aggressive and hawkish. i don't think anybody can dispute he's a national security thinker. he knows what he's talking about even though some people in town may think he's wrong. for him to have observed what he thought, clearly, was an

amateurish effort at foreign diplo diplo diplomacy and national security may be enough to convince him to come forward and set the record straight for his own sake and the country's. >> what we're about to see happen would be jim jordan and adam schiff coming out. what we expect to hear is one person saying this is putting the nail in coffin of an impeachment case and the other one saying she had nothing new to say and she's just a partisan hack. you're just going to hear this political partisanship is how it will sound to so many americans. is that ever going to change? is there ever going to be a time when you do have republicans in positions of authority on these committees who say what we're hearing is bad? >> that is a political judgment. we saw in the nixon administration that at some

point enough was enough. it's not a either or in this moment from a legal perspective. i think this witness is an important witness but there's many, many more. there are a lot of facts that still need to come out. i worked on the white water investigation. that was case in which ken star handed the entire dossier of evidence to the congress. all of that was done by prosecutors. we now have the congress that in realtime is trying to actually do the investigation and it's going to take time if they do it properly. >> all right. thank you all very much. i should point out, that when you do that in the house it's like a grand jury. you don't have a chance to have your representation. be it is done in secrecy. those are the rules. thanks to all. next, we travel to florida to see if trump's base will stick with lihim no matter what the impeachment invs. gaestigation

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breaking news, president trump about to arrive to a rally in louisiana tonight. trump surrounding himself with supporters railing against the house impeachecachment inquiry.

we want to go to florida first. state trump won by 1% in 2016 to see if that message is resonating. he's got to win that state ge again. >> reporter: welcome to orlando, florida. not the land of make believe but where people really live and vote and we're talking to trump spo voters. >> i don't think he's get fair deal. i think it's very political. >> reporter: nearly three week sbo sbo s, polling shows a shift in the public attitude toward impeachment. a fox news poll found 51% of registered voters supported president trump's impeachment and removal from office. we wanted to see if shifting polls suggest trump vulnerability in the swing region of a key state. for most, the short answer is no. >> doesn't change your opinion of this president? >> in this case, no. no. >> you don't believer he's done anything wrong or broken any sort of oath of office?

>> in this case, no. >> reporter: on camera. no trump voter would tell us the president should be impeached. >> do you believe this president has used his office for political gain? >> in this particular case? >> yes. >> i don't think so. >> reporter: most trump voters called the impeachment a sham put on by democrats full of unsubsubstantiated claims. they down played the phone call that seems to seek dirt on joe biden. >> you seen the transcript of the phone call. i'd like you to do us a favor. >> i've seen the transcript. i haven't read the whole thing. >> reporter: off camera we did find voters troubled by the president's action. two admit ted it was wrong but stopped short of calling for his removal. >> reporter: at a latino's for trump crally we found something that should concern the trump administration. they said they have heard

nothing to change their support. >> has any of this caused you to second guess your vote in '16. >> never, ever. we need him to formore years to make sure his agenda is completed. >> reporter: all we spoke with said the inquiry should continue. >> do you want the process to go forward? >> i want it to go through the whole shebang. >> reporter: these trump voters say they reserve the right to change their mind. >> is it something that come to light that would change your feelings? >> maybe. it depends what it is. what is truth. >> reporter: there's no question that this impeachment inquiry has raised a level of political tension in this country to a whole new realm. we have been talking to trump voters for years on all kinds of topics in all kinds of places never before have we had so much difficulty getting trump voters to talk to us on camera than on this particular issue,

impeachment. most are so angry or so over it they don't want to talk. erin. >> really fascinating and sobering. martin, thank you. next, one of fox's leading anchors is out. leading news anchor. is it because of reporting like this? >> our reporting begins this monday with president trump's latest misleading and xenophobic eruption of distraction and division. the protester who made his way to the top of a jet only to realize he was scared of heights. life isn't a straight line. things happen. and sometimes you can find yourself heading in a new direction. but at fidelity, we help you prepare for the unexpected with retirement planning and advice for what you need today and tomorrow. because when you're with fidelity, a partner who makes sure every step is clear, there's nothing to stop you from moving forward.

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ask your doctor if biktarvy is right for you. (classical music playing throughout) breaking news. president trump has tweeted that the acting department of homeland security secretary has -- well, he is out. he has done an outstanding job. we have worked well together with border crossings being down. kevin after many years wants to spend more time with his family

and go to the private sector. congratulations on a job well done. i will be announcing the new acting second next week. many wonderful candidates. that list is shorter than it was four times ago. he is the fourth person to head the department of homeland security under president trump. he has been there since april. pamela brown live outside the white house. pamela, the old i'm going to spend more time with my family. what are you learning? >> reporter: a source is telling my colleague jake tapper tonight that he turned in his resignation today at white house. a source says white house officials tried to tell him not to resign. he did so because according to the source speaking to my colleague jake tapper, it was something he wanted to do because he felt like he had done the job he was set out to do, border crossings are down. he had done a lot of the work that he had hoped to accomplish. he wants to spend more time with his family. this isn't a total shock. we have been reporting for a

while he was not expected to remain in that job. he was -- he has been acting secretary, homeland security secretary since april. he was not expected to be given the permanent position. a source telling my colleague jake tapper that also this has been in the works for weeks. in fact just last week as you recall, mcaleenan felt like he couldn't run his own department because there were other players within the department who had the president's ear. they would go around him. he felt like he didn't have full control. that was seen to many as a sign he wouldn't be in his position much longer. according to sources tonight, he is leaving on his own terms, turning in the resignation letter to the president. the president just announcing this on twitter moments ago. >> pamela, thank you very much. next, the chief anchor of fox news says good-bye on the air. completely shocking everybody he works with, not just viewers.

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some things are too important to do yourself. ♪ get customized security with 24/7 monitoring from xfinity home. awarded the best professionally installed system by cnet. simple. easy. awesome. call, click or visit a store today. new tonight, shep smith leaving the network. he was one of the first hires at fox news. he has a defender of the facts, clashing with the network's opinion hosts in recent years. here were his parting words. >> even in our currently polarized nation, it's my hope that the facts will win the day. that the truth will always matter. that journalism and journalists will thrive. >> he concluded by saying, i'm

shepard smith, fox news new york. the next show rolled. it was a stunning moment. brian stelter is out front. what are you learning about why now and why in a stunningly surprising way? >> he is one of the only news anchors left on fox. he left because he couldn't take it anymore. he was appalled by some of the opinion hosts' comments. he felt he had been marginalized. there wasn't room for him anymore. it's a sign of what's happening to our country. there isn't room for truth telling on a channel like fox. he presents facts about president trump. often the facts that others leave out. i have been working on a book about fox. sources love shep smith. they say he was there trying to tell the truth in an environment where almost nobody else was. now he couldn't take it anymore. >> nobody expected it. here is what happened when he said, i'm shep smith, fox news, new york. here is what happened. >> whoa.

i'm knea little stunned and heartbroken. i don't know what to say. i apologize of being a little shell shocked on this development here. take it away. >> i've been trying to compile my thoughts, too. i walked out here to do the hit. suddenly got hit by a subway train. holy mackerel. >> his good-bye he put in the prompter but no one knew. >> he heads straight to the elevator, straight home. he was so emotional about this. this was a hard decision for him. he thought he was doing something important by being on the air reporting the news. he was making $15 million a year. sources said, he wasn't in it for the money. he was in it to try to counter all of the nonsense the opinion hosts air all the time. >> when you talk about what he was doing, he was speaking truth to power. i remember a conversation i had with him on the train once. he thought a lot about this and his role there. here is some of the examples of times he spoke the truth.

>> our reporting begins this monday with president trump's latest misleading and xenophobic eruption of distraction and division. he decries fake news that isn't and disseminates fake news that is. think china pays the tariffs. the wall is going up. historic inauguration crowds. russia probe is a witch hunt. noise from windmills causes cancer. there's no known evidence to support president trump's conspiracy theories about biden's activities as we have reported here repeatedly. the president said in the tweet the wall is going up rapidly. is there no new wall. the forecast showed east coast dorian. the sharpie's magical addition added the coast of alabama. why would the president of the united states do this? >> that is the only time a lot of viewers at fox news heard those facts. >> that's right. nobody else on the air consistently rebutting the president's lies.

chris wallace does it sunday. shep smith is a unique voice on fox. it's a loss for the country that he is suddenly leaving. i suspect there's more to come about why he left. >> thank you very much. i appreciate it. thanks to you for joining us. anderson starts now. good evening. we start a two-hour broadcast with breaking news. cabinet official who told the washington host he didn't have control over the, quote, tone, message, the public face and approach, unquote of his department has announced his departure. the department of homeland security chief is out. it occurs the same day a judge said the administration could not use military funding to build the border wall. here with more tonight is cnn kaitlan collins. what do we know about his departure? >> reporter: this is sudden. the president tweeting e iing ts