Judge Expands Order Blocking National Guard Deployment To Portland

Michael Vadon, CC BY-SA 4.0 , via Wikimedia Commons

Judge Karin Immergut, a Trump appointee, issued a temporary restraining order late Sunday that expanded her earlier ruling barring the Trump administration from deploying Oregon National Guard troops to Portland.

On Oct. 4, Immergut held that the administration had not demonstrated sufficient factual grounds — such as unrest rising to the level of “rebellion” or an inability to enforce federal law — to justify federal control of state National Guard units. In her initial Saturday order, she emphasized constitutional limits, including the 10th Amendment’s protection of state sovereignty and restrictions on federal military involvement in civilian law enforcement.

After that ruling, the administration sought to deploy California National Guard or other out-of-state troops to Oregon. In response, Immergut extended her order to cover any such deployments, effectively blocking the government from bypassing her earlier decision.

U.S. Northern Command, Public domain, via Wikimedia Commons

Oregon and California officials strongly opposed the plan, calling it unconstitutional, politically motivated, and a threat to civil liberties. In Sunday’s emergency hearing, Immergut pressed government lawyers: “How could bringing in federalized National Guard from California not be in direct contravention to the temporary restraining order I issued yesterday?

The Guardian continues:

Immergut’s ruling on Sunday, which will remain in effect until at least 19 October, blocks the Trump administration from sending any national guard troops to Portland while Oregon and California seek a longer-term ruling in court.

Earlier on Sunday, Newsom had said national guard troops were already on their way to Oregon. “The Trump administration is unapologetically attacking the rule of law itself and putting into action their dangerous words – ignoring court orders and treating judges, even those appointed by the president himself, as political opponents.”

Gage Skidmore from Peoria, AZ, United States of America, CC BY-SA 2.0 , via Wikimedia Commons

Pentagon spokesperson Sean Parnell announced the deployment on Sunday: “At the direction of the president, approximately 200 federalized members of the California national guard are being reassigned from duty in the greater Los Angeles area to Portland, Oregon to support US Immigration and Customs Enforcement and other federal personnel performing official duties, including the enforcement of federal law, and to protect federal property.”

Caroline Turco, Portland’s senior deputy attorney, said that there had been no violence against Ice officers for months and that recent Ice protests were “sedate”, sometimes featuring fewer than a dozen protesters, in the week before the president declared the city to be a war zone.

Newsom didn’t frame the issue as one of security at all. “This isn’t about public safety, it’s about power,” he said. His voice sharpened as he vowed to resist. “We will take this fight to court, but the public cannot stay silent in the face of such reckless and authoritarian conduct by the president of the United States.”

As with her Saturday ruling, Immergut’s new order is temporary and will remain in place pending additional proceedings on whether to issue a more permanent injunction.

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Patrick Houck

Patrick Houck is an avid political enthusiast based out of the Washington, D.C., metro area. His expertise is in campaigns and the use of targeted messaging to persuade voters. When not combing through the latest news, you can find him enjoying the company of family and friends or pursuing his love of photography.

3 Comments
    Charles

    What do you spect out of a den-o-rat to say about the danger that they cause? Haven’t we seen citys destoryed by riots and the dam-o-rats says t was only a light protest. How much are the dam-o-rats gonvers getting under the table from george soros?

    Paul

    You can’t be taking away employment from our Democrat voters by trying to stop assault and robbery!

    jfb

    Hey Patrick, parrot the Guardian much? Just go snap some photos, you’re done here.

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