A federal judge nominated by President Donald Trump has permanently blocked the 47th president from deploying the National Guard to Portland, Oregon, in response to demonstrations against Immigration and Customs Enforcement (ICE) in that city.
U.S. District Judge Karen J. Emmergut, who issued a preliminary injunction last month blocking the president’s order to send in troops, to rule Friday that Trump exceeded his authority by federalizing Oregon National Guard soldiers.
President Trump nominated Judge Immergut to the federal bench in 2018 during his first term.
The permanent ruling stems from a lawsuit filed by the states of Oregon, California and the city of Portland.
Government lawyers for the Trump administration argued that the often violent protests at the ICE building disrupted officers trying to carry out immigration enforcement and represented rebellion against the United States of America.
the New York timeQ I mentioned:
In her recent 106-page ruling, Judge Immergut rejected arguments made by government lawyers that the protests at the ICE building made it impossible for federal employees to carry out immigration enforcement, represented insurrection or raised the threat of insurrection.
“The evidence shows that these deployments, which were vetoed by Oregon’s governor and not requested by federal officials responsible for protecting the ICE building, exceeded the president’s authority,” she wrote.
The judge also took issue with the president’s claim that antifa, at least in Portland, is an organized group working against the U.S. government, also noting that the ICE regional director’s testimony about the damage to the building and the extent of the protests’ vandalism was not believable.
The extent of the protests’ disruption or violence often depends on the media covering the nightly demonstrations, which began in early June after the administration’s crackdown on and arrests of criminal illegal aliens.
As Breitbart News reported late last month, there can be unruly crowds and brawls at the site, especially when counter-protesters show up.
Other confrontations resulted in the use of tear gas, rubber bullets, and pepper spray balls.
In late September, President Trump announced the need for guard forces in Portland, but Democratic Oregon Governor Tina Kotick refused to activate the requested 200 troops. The Trump administration responded by federalizing soldiers.
According to times Coverage:
Under Title 10 of the US Code, the President may use the National Guard on US soil in only three situations: foreign invasion; Rebellion, or threat of rebellion; Or if the nation’s laws cannot be enforced with available resources. During a three-day trial late last month, administration lawyers argued that the last two requirements apply to Oregon.
In her final ruling, Judge Immergut dissented on both counts.
Federal attorneys have already said that if Judge Immergut rules against them, they will appeal to the U.S. Court of Appeals for the Ninth Circuit.
The administration has lifted the state of emergency attractiveness before the US Supreme Court in a similar National Guard case involving the state of Illinois.
Contributor Lowell Covell is a New York Times bestselling author House of secrets And nine crime novels and other non-fiction titles. See lowellcauffiel.com For more.