A federal judge on Sunday extended her order blocking President Donald Trump from sending National Guard troops into Portland, continuing the legal battle over the president’s power to use the military on American cities.
Following a three-day trial last week, U.S. District Judge Karin Immergut issued a preliminary injunction prohibiting the deployment of troops from any state’s National Guard into Portland through at least Friday.
Judge Immergut concluded that the attempt to send troops into Portland stemmed from exaggerated claims of violence in the city, where isolated protests were already contained by federal and local law enforcement.
“Based on the trial testimony, this Court finds no credible evidence that during the approximately two months before the President’s federalization order, protests grew out of control or involved more than isolated and sporadic instances of violent conduct that resulted in no serious injuries to federal personnel,” she wrote.
Judge Immergut also concluded that the Trump administration likely violated a federal law that allows the takeover of the National Guard in the case of rebellion or invasion, as well as infringed on the state sovereignty of Oregon. The protests in Oregon, Immergut wrote, at most resulted in “sporadic isolated instances of violent behavior toward federal officers and property damage to a single building” and fell short of the standard definition of a “rebellion.”
“Defendants have not, however, proffered any evidence demonstrating that those episodes of violence were perpetrated by an organized group engaged in armed hostilities for the purpose of overtaking an instrumentality of government by unlawful or antidemocratic means,” she wrote.
The trial and decision follow a prolonged legal battle over the use of the National Guard in Portland. After Judge Immergut last month blocked the use of the Oregon National Guard, the Trump administration moved to send in troops from Texas and California.
She similarly blocked those troops from being sent into the city, and the Trump administration then appealed her order.
The Ninth Circuit briefly lifted her decision but agreed to rehear the case en banc, — when the entire court hears the case, rather than just a panel — thereby restoring the block on the deployment.
With both Immergut’s previously issued orders set to expire on Sunday, she issued a preliminary injunction tonight that will expire on Friday, at which time she plans to issue a complete ruling based on the testimony and evidence presented at trial.
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