Federalized Guard Blocked in Oregon
By Bright Green• Published
The Trump administration is seeking to use federalized National Guard troops in Portland, despite objections from Oregon Governor Tina Kotek.
Background
U.S. District Judge Karin Immergut previously granted a temporary restraining order until October 18th, blocking the federalization of the Oregon National Guard. Her opinion reflects our belief that the administration’s order failed to satisfy the legal predicates in 10 U.S.C. § 12406, which permit federalization of the National Guard only in cases of:
- Invasion or danger of invasion
- Rebellion or danger of rebellion
- Inability to execute the laws of the United States with the regular forces
Following this temporary order, the federal government attempted to deploy the California National Guard into Oregon, prompting swift legal action from local officials.
The New Order
Late Sunday night, Judge Immergut issued a second temporary restraining order preventing the use of any federalized National Guard troops in Oregon - a safeguard against the unlawful use of military power on Portland’s streets.
Uncertain Future
This leaves Oregon in a fragile status-quo, as the President continues to make wildly inaccurate claims about Portland. The contradictions between his rhetoric and on-the-ground reality point to either deliberate misinformation or reckless disregard for the truth.
Updates to this story anticipated as the situation develops.