Judge Orders Federal Officers in Portland To Stop Harassing and Assaulting Journalists and Legal Observers

“The ACLU’s complaint, filed on behalf of the Portland Mercury, eight journalists, and two observers working with the ACLU, alleges that federal agents stationed at the Mark O. Hatfield U.S. Courthouse have joined local police in violating those principles. On July 12, for instance, federal officers shot photographer Mathieu Lewis-Rolland 10 times with “impact munitions” that left “severe lacerations, welts, and bruises all over his upper body.” According to the Geneva Guidelines on Less-Lethal Weapons and Related Equipment in Law Enforcement, such projectiles “should generally only be used in direct fire against the lower body of a violent individual when a substantial risk exists of immediate serious injury to either a law enforcement official or a member of the public.”

The complaint alleges many similar abuses by Portland police, including the gratuitous use of tear gas and rubber bullets, unprovoked beatings, unlawful arrests, and other interference with activities protected by the First Amendment. The ACLU says the plaintiffs who have suffered such abuse were clearly identified as journalists or legal observers.

The lawsuit also complains that Portland police have routinely violated Simon’s June 9 order barring them from using tear gas at the protests except when “the lives or safety of the public or the police are at risk.” Simon said tear gas should not be used simply “to disperse crowds where there is no or little risk of injury.” Portland Mayor Ted Wheeler, who is also the police commissioner, got a taste of his own medicine on Wednesday night, when he was gassed by federal officers while vainly trying to show protesters that he was united with them in opposing the Trump administration’s response to the demonstrations.

The protests in Portland have been happening every day since May 28, three days after a Minneapolis police officer suffocated George Floyd. The federal officers, who according to an internal memo have not been trained in controlling riots or mass demonstrations, were deployed by the Trump administration this month, ostensibly to protect the courthouse and other federal property. But as Nancy Rommelman notes, the federal presence seems to have inflamed the situation, provoking the vandalism and assaults on the courthouse that the administration now cites to justify its involvement.”

Trump’s purge of inspectors general, explained

“Linick isn’t the first inspector general Trump has lost confidence in recently. Since April, the president has fired two permanent IGs and replaced three acting inspectors general.
This has raised fears that the president — who has balked at pretty much any form of oversight during his tenure — is now targeting the watchdogs serving in his administration. Especially those who, in the course of doing their jobs, embarrass or implicate the president and his close associates in wrongdoing.

Trump does have the power to fire inspector generals, who, as executive branch appointees, serve at the pleasure of the president. But inspectors general are tasked with auditing and investigating that same executive branch — a job that could become increasingly challenging if these officials face retaliation for what they audit and investigate.

Congress and the American people rely on inspectors general, at least in part, to help the government run more efficiently and fairly. Inspectors general do not always succeed in this aim, but undermining the institution could be detrimental to oversight.”

“Congress purposely designed these roles to be slightly different from the average political appointee. “The original legislation built in a number of signals, if you will, that this person was supposed to be independent,” said Charles A. Johnson, professor emeritus of political science at Texas A&M University and co-author of US Inspectors General: Truth Tellers in Turbulent Times.

Inspectors general, Congress said, should be selected “without regard to political affiliation” and “solely on the basis of integrity and demonstrated ability” in fields like financial management, law, and public administration.

In 2008, Congress reformed the IG law, adding provisions that would, ideally, better protect the independence of inspectors general. The law formalized a Council of the Inspectors General for Integrity and Efficiency (CIGIE), an organization of all IGs that examines best practices and promotes professional development.

This reform law also included a provision that said a president must give Congress 30 days’ notice if he intended to dismiss an IG, and that the president must provide a reason to congressional leaders.”

“Trump has fired two confirmed inspectors general: Linick, as discussed above, and Michael Atkinson, who was the inspector general for the intelligence community. Trump has replaced or moved to replace three other acting inspectors general from their jobs; however, since they were serving in an acting capacity, the personnel shuffle could be done without notifying Congress.

Each of these dismissals — and particularly those of Linick and Atkinson — stunk of retaliation, as the IGs had recently taken actions or instigated investigations that embarrassed or had the potential to embarrass Trump or his political allies. That is, historically, precisely what Congress has wanted to avoid: the politicization of these watchdog roles.”

“Acting IGs often don’t have the authority or stature of Senate-confirmed officials, and that can diminish the credibility of IGs or their work, even though the acting IGs in question, like Fine, may have stellar credentials and deep experience working in the IG community.

So generally, relying on acting IGs isn’t ideal. But the problem with Trump’s reshuffle is that his comments and behavior don’t exactly indicate he’s eager for and interested in robust oversight. He’s accused long-serving IGs of being Obama administration holdovers, though they are career officials. (And, even during the Obama administration, their job was the same: to investigate.)

Trump has bristled at oversight throughout his presidency, seeing it not as an opportunity for reform but as a personal attack. And though Congress will ultimately vet his picks for the permanent roles, Trump has removed some of these qualified acting IGs and replaced them with hand-picked and unvetted successors in the interim.”

“Trump’s purge of inspectors general is dangerous because it threatens to undermine the independence of the office and politicize the institution.

That could have a chilling effect on the work of inspectors general. Inspectors general might become reluctant to initiate studies or audits, and agency heads may ignore findings of mismanagement or worse uncovered by IGs, Newcomer told me. “The agency head may feel like, ‘Oh, we don’t really need to worry about implementing these recommendations because, worse comes to worst, we’ll just have the IG fired,’” she said.”

“Sen. Chuck Grassley (R-IA) — who’s historically been a big advocate for IGs — wrote a letter to the White House asking for more information about why Atkinson and Linick were dismissed. The White House Counsel responded that, basically, Trump had lost confidence in the two officials and that it was his prerogative to fire them if he wished.

Grassley said Tuesday that the White House’s response was insufficient. “If the president has a good reason to remove an inspector general, just tell Congress what it is,” Grassley said. “Otherwise, the American people will be left speculating whether political or self interests are to blame. That’s not good for the presidency or government accountability.”

Grassley also objected to the placement of political appointees in acting roles, which raises concerns about conflicts of interest.

But Grassley’s objections might not matter. Congress does have some tools here: They could investigate, they could hold hearings. Democrats are doing that, but they will probably have much more weight and meaning if they’re bipartisan affairs. And so far, Trump’s Republican allies in Congress have been reluctant to push the president too hard. Expressions of concern have rarely motivated the president to change course.”

Why Trump’s acquittal will damage US foreign policy

“That clear abuse of power for Trump’s own political gain led the Democratic-majority House to impeach the president. Afterward, the Republican-held Senate chose not to investigate further by declining to call any witnesses in its trial of the president and is expected to acquit him.

This means that, ultimately, the impeachment system designed to keep the top levels of the US government from descending into lawlessness has failed.

That, as former Estonian President Toomas Hendrik Ilves and others say, will make it harder for the US to tell other nations to follow America’s lead.”

“In an ideal America, Trump would receive a severe reprimand for abusing his power and his corrupt practices, like using the presidency to enrich himself and his family. Even if short of impeachment, Republicans could’ve placed severe political pressure on Trump by showing him their support has limits.

That’s not what happened. Instead, Trump’s party will be responsible for letting him get away with the Ukraine scandal basically unpunished.

He has been formally impeached, and that in itself is significant regardless of whether or not he’s removed from office, but given that no House Republicans voted for impeachment, Trump and his allies can argue (and have) that it was merely a partisan political ploy and not the serious rebuke for his behavior it is supposed to be.

It’s worse when considering one of the arguments Trump’s legal team has made: that a president can basically do whatever he wants in order to get reelected if he believes his reelection is good for the country.”