A federal judge nominated by President Donald Trump has permanently barred 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 Karin J. Immergut, who issued a preliminary injunction last month blocking the president's troop order, rules On Friday, Trump overstepped 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 and California, as well as the city of Portland.
Trump administration government lawyers argued that the often violent protests outside the ICE building frustrated officers trying to enforce immigration enforcement and amounted to an insurrection against the United States of America.
New York timeWith reported:
In her final 106-page ruling, Judge Immergut rejected government lawyers' arguments that the protests at the ICE building had disrupted federal officials' ability to conduct immigration enforcement, constituted an insurrection or raised the threat of insurrection.
“The facts show that these deployments, which were objected to by the Governor of Oregon and were not requested by federal officials responsible for guarding the ICE building, exceeded the authority of the President,” she wrote.
The judge also disputed the president's assertion that Antifa, at least in Portland, is an organized group working against the U.S. government, and also said the ICE regional director's testimony about the damage to the building and how destructive the protests were was not credible.
How destructive or violent the protests are often depends on which news outlets cover the nightly demonstrations that began in early June after the administration cracked down on and detained illegal illegal immigrants.
Like Breitbart news reported The site has been prone to unruly crowds and fighting late last month, especially when counter-demonstrators show up.
Other clashes resulted in the use of tear gas, rubber bullets and pepper spray.
In late September, President Trump announced the need for a guard presence in Portland, but Oregon's Democratic Gov. Tina Kotek refused to activate the requested 200 troops. The Trump administration responded by federalizing the soldiers.
According to Time coating:
According to Title 10 of the US Code, the President can use the National Guard on US soil only in three cases: foreign invasion; insurrection or threat of insurrection; or if the laws of the country cannot be enforced with existing resources. During a three-day trial late last month, administration lawyers argued that the latter two conditions apply in Oregon.
In her final decision, Judge Immergut dissented on both counts.
Federal lawyers 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 declared an emergency. address before the U.S. Supreme Court in a similar National Guard case involving the state of Illinois.
Co-author Lowell Coffiel is a New York Times bestselling author. House of Secrets and nine other crime and non-fiction novels. See lowellcauffiel.com for more.
