“In her dissent, Judge Susan P. Graber warned that the decision “erodes core constitutional principles, including sovereign States’ control over their States’ militias and the people’s First Amendment rights.” State Attorney General Dan Rayfield criticized the decision, saying that the ruling “sets a dangerous precedent that would allow a president to put Oregon soldiers on our streets with almost no justification.””
“A Washington, D.C., resident who was handcuffed and detained in September for mocking National Guard soldiers by playing “The Imperial March” from Star Wars on his cellphone is suing the soldiers and police officers for their stormtrooper-like behavior.
…
Supreme Court Justice William J. Brennan Jr. wrote in 1987, in a ruling striking down a Houston ordinance that made it unlawful to oppose or interrupt a police officer, that “the freedom of individuals verbally to oppose or challenge police action without thereby risking arrest is one of the principal characteristics by which we distinguish a free nation from a police state.”
…
According to his lawsuit, O’Hara was released after 15 to 20 minutes without charges.”
““In Portland, protests have endured for months, and the [Portland police have] been either unwilling or unable to respond to the disturbances,” the appeals judges wrote.
Nelson and Bade said Immergut relied too heavily on Trump’s social media commentary — calling Portland “war ravaged” — to conclude that his deployment was “untethered” from reality, noting that the unrest had required a surge of law enforcement from the Federal Protective Service to contain.
The 9th Circuit panel majority repeatedly cited a similar decision issued by three colleagues permitting Trump’s deployment of Guard troops to Los Angeles earlier this year. In the ruling, the judges said Trump is owed great deference in determining whether civil unrest reaches a point in which the military may be called in for support.
The majority said Immergut used a faulty definition of rebellion in her decision, but the appeals judges did not address whether Trump had a valid claim that such unrest was underway when he sent in the Guard. (They did say they were not endorsing Trump’s description of Portland as a “war zone.”)
The appeals panel’s dissenting judge, Clinton appointee Susan Graber, called the majority’s decision ”absurd,” pleaded with her 9th Circuit colleagues to quickly reverse it and urged the public to “retain faith in our judicial system for just a little longer.”
“We have come to expect a dose of political theater in the political branches, drama designed to rally the base or to rile or intimidate political opponents. We also may expect there a measure of bending—sometimes breaking—the truth,” Graber wrote. “By design of the Founders, the judicial branch stands apart. We rule on facts, not on supposition or conjecture, and certainly not on fabrication or propaganda.”
Graber emphasized that even though there had been unruly protests in Portland in June, they had largely subsided and by September routinely featured 30 or fewer demonstrators and virtually no violence or requests for local police assistance.”
“Five years after the city’s fiery 2020 protests, Portland is mostly calm. That hasn’t stopped Trump from reviving old battles, fueled by false memories and made-for-TV outrage.
…
there have been rocks and sticks thrown at ICE agents and the shining of lasers into officers’ eyes. According to recent reporting in The Oregonian, there have been 29 arrests during ICE protests this year, 18 of them in June. Still, most nights see a few dozen protesters at most. Comparing this to the 2,000-plus nightly protesters in 2020 is not just apples to oranges; it’s apples to an apple-flavored sugar crystal on an Apple Jack.
This clearly doesn’t matter to Trump, who has shown little to no interest in what’s actually happening, instead relying on historical memory of the city’s fiery days to animate the proposition that “war-ravaged” Portland must be made to heel.”
Kristi Noem, Trump’s Homeland Security Secretary, says that the Portland and Oregon: mayor, governor, chief of police, and the superintendent of the highway patrol are all lying about Antifa and what is or is not going on in Portland. The mayor, governor, and multiple police leaders from the area are lying, and the Trump outsiders have the accurate understanding and are telling us the truth?
“Every American who is concerned about the state of our liberties ought to find harrowing President Donald Trump’s recent declaration that the National Guard is now in place in Portland, Oregon. As he wrote on social media, the goal is to restore law and order as “conditions continue to deteriorate into lawless mayhem.”
There are some protests against ICE’s increasingly abusive raids and detentions, but this is nothing more than a pretext to exert federal control over cities. I’m in Portland regularly, and it’s one of the nation’s most placid and safest big cities. Protests have at times been unruly over the years, but are well within the ability of local police to control.
…
We should all be fearful when politicians exaggerate problems to grab more power. And it’s not just Portland. Trump previously deployed National Guard and Marines to Los Angeles and is threatening to do so in Chicago and Memphis. The president’s declared reason—to tamp down on protests—should raise the hair on everyone’s neck. He also suggested federal troops would target crime problems.
In his speech to the nation’s generals, Trump said, “We should use some of the dangerous cities as training grounds” for military intervention, as he prattled about a “war from within.” That’s authoritarian bluster of the sort heard in despotisms. Note the support or eerie silence from limited-government, constitutional conservatives who spent years warning us about government oppression.”
Deploying the National Guard isn’t just costly in the direct costs of the deployment, but in how it takes workers and students away from work and school.