A federal judge prevented the Trump administration on Saturday from using Oregon National Guard soldiers in response to night demonstrations in an immigration and customs building in Portland, Ore.
Judge Karin Immergut, of the American district court of Oregon, reassured himself of democrats who direct the government of the State when she made a temporary prohibition order blocking mobilization. President Trump and the Ministry of Defense had ordered 200 Oregon soldiers for a deployment of 60 days.
In her decision, judge Immergut wrote that she expected a trial court to agree with the statement of the State according to which the president had exceeded his constitutional authority in the mobilization of federal troops for local work and probably violated the 10th amendment.
The soldiers train on the coast of Oregon and had to be in place by the weekend, although federal officials have not said what duties they would exercise beyond ice aid.
The prohibition order expires in two weeks. Meanwhile, the judge should rule on a longer order against deployment. Federal lawyers have called on the prohibition order, which is part of a greater prosecution filed by Oregon and Portland which accuses the president of raping his constitutional authority.
“President Trump has exercised his legitimate power to protect federal assets and staff in Portland following violent riots and attacks against police,” said Abigail Jackson, spokesperson for the White House. “We expect to be justified by a superior court.”
The decision comes as the president pushes to deploy the National Guard in several major American cities to combat crime and support the application of immigration. On Saturday, Governor JB Pritzker of Illinois, a democrat, said that Mr. Trump was planning to send 300 guard troops to Chicago soon.
Before the judge’s decision, the Troops of the National Guard of Oregon were not the only guard troops which were about to deploy in the state. Governor Gavin Newsom of California said that he had been informed by the federal government that, against his wishes, the Troops of the California National Guard who had been deployed in Los Angeles under federal orders would be sent to Oregon to help form troops there, according to a state-owned state of the governor who asked for anonymity because they were not authorized to discuss the situation.
Friday, for almost two hours of arguments, the lawyers of the Attorney General of Oregon, Dan Rayfield, argued that the president did not have the power to use the National Guard to the establishment of the GCE and warned that the arrival of the federal forces would lead to greater violence.
State and city lawyers described the selection of Portland for deployment by Mr. Trump as “at best, arbitrary and at worst, reprisals for political motivation for the adoption of policies” which the president considered too liberal.
The actions of the president “represent one of the most dramatic offenses to the sovereignty of the history of Oregon,” said Scott Kennedy, lawyer for Oregon. “They radically reshape the balance of state federal powers”, “
State lawyers also questioned Trump’s decision of the Trump decision, noting that the Portland police office files which showed the size of night demonstrations had decreased before the president published last Saturday that he planned to ask the Ministry of Defense to use federal troops to “protect” Portland.
Portland police commanders registered with ICE officials every night, according to the files they have submitted in support of the temporary ban order, and for several weeks before the president’s declaration, ICE employees reported that things were relatively silent and that they did not need help.
Judge IMMERGUT, who was appointed by Mr. Trump in his first mandate, agreed that the calendar of the President’s order did not meet the legal standard to call for the National Guard, affirming that the state had provided “substantial evidence that the demonstrations to the Facility of Portland Ice were not considerably violent or disturbing at the time – or even weeks – president.”
Mr. Kennedy also said that the situation in Portland did not meet the standard required for the mobilization of federal soldiers for domestic work; The law allows federal troops to be used at the national level during periods of foreign invasion, rebellion or when normal law efforts are not able to maintain order.
Federal lawyers argued that Portland demonstrations constituted both a potential rebellion and a dispute of the police beyond what federal officers on the ground could manage. But Kennedy said the federal government defined the “rebellion” so largely that he could include political demonstrations or “opposition to his authority”.
Judge Immergut accepted, writing that the federal government had shown evidence of “sporadic violence” but not “no evidence demonstrating that these episodes of violence were part of an organized attempt to overthrow the government as a whole”.
Eric Hamilton, a lawyer for the Ministry of Justice, told the judge that the decision to use soldiers of the National Guard had been invited by the September 24 shooting who had killed two detainees in a center of Dallas Ice and months of demonstrations in Portland who left the federal and exhausted federal employees.
“Violent and cruel radicals have besieged,” he said. “The evidence that we have submitted reflect at least a danger of rebellion, targeting months of the construction of Portland ice with violence, intimidation and threats.”
In the ordinance published on Saturday evening, Judge Immergut wrote that the president’s argument on the need for mobilization was contradicted by evidence that the recent demonstrations had been relatively silent and non -violent, supporting the case of the State according to which the decision to use the troops “was not” conceived in good faith “.” “”
The nocturnal demonstrations of the Portland ice building began at the beginning of the summer and included occasional skirmishes between the demonstrators and the federal agents while the demonstrators were trying to prevent vehicles from entering and leaving parking. Several times a day, ice agents in riot equipment leave the building to clean the aisle. During the hours of clarity, the crowd disperses quickly. Sometimes, federal officers used pepper balls, tear gas and other weapons of dispersion of the crowd to bring people back. The Portland police office reported 27 arrests since the beginning of June outside the building, and the judicial files have at least two dozen arrests by federal officers.
The demonstrations have become more rough since the president’s announcement last weekend with the arrival of right-trotkers on the right, some of which were spotted observing the crowd of the roof of ice construction. A march to protest against the potential deployment on Saturday afternoon ended with federal officers using tear gas and pepper balls against a crowd that had gathered on the road in front of the building.
Judge Immergut, a former American lawyer in Oregon, is the second federal judge assigned to the pursuit of Oregon against Mr. Trump. The first challenged after a request from federal lawyers because his wife, representative Suzanne Bonamici, a Democrat, had spoken against the deployment of the National Guard.
Shawn Hubler Contributed reports.
