Judge hears Oregon request to restrain federal agents

[KY_EnviroGuy]

Source: AP News

PORTLAND, Ore. (AP) — A federal judge heard arguments Wednesday on Oregon’s request for a restraining order against federal agents sent to the state’s biggest city to quell protests that have spiraled into nightly clashes between authorities and demonstrators.

The lawsuit, filed by Oregon Attorney General Ellen Rosenblum, alleges that federal agents sent by President Donald Trump have arrested people with no probable cause, whisked protesters away in unmarked cars and used excessive force to quell the unrest. It’s part of growing pushback against the Trump administration’s use of federal agents in Portland and its plans to do the same in other cities.

The motion for a temporary restraining order asks the judge to immediately command agents from the Department of Homeland Security, the U.S. Customs and Border Patrol, the Federal Protective Service and the U.S. Marshals Service to immediately stop detaining protesters without probable cause, to identify themselves before arresting anyone and to explain why an arrest is taking place.

During the hearing — held by videoconference because of the coronavirus pandemic — Rosenblum said she was asking the court to “declare it not acceptable for federal officers to use unconstitutional police state-type acts to detain citizens of Oregon without cause.” There are 114 federal agents in Portland, according to Steve Lippold, another attorney for the state.

Read more: https://apnews.com/edebeb4a7df1c97b10b9ab55a53caa84

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The article goes to to detail another lawsuit to be heard on Thursday filed by the American Civil Liberties Union on behalf of journalists and legal observers who say they were targeted and attacked by police while documenting demonstrations.

An additional lawsuit has been filed accusing federal agents of violating protesters’ 10th Amendment rights by engaging in police activities designated to local and state governments. That legal action was filed by the Western States Center.


KY........ .........

[BlueIdaho]

1. 114 assholes?

That’s all? Man - they better watch their backs.

[leftieNanner]

2. I'm in Southern Oregon, so keeping an eye on this

Our AG is being very quick in taking this to court. So if the judge agrees with her and tells the Feds to get the Hell out of Portland, what will they do? Donnie and his Boys might just say NO.

Then what?

We hear talk of a coming Constitutional crisis, but we've already passed that mark. This is all so very frightening.

[Bernardo de La Paz]

5. Then what? Arrest them anytime they step off federal property in their so-called uniforms. . . nt

[PatSeg]

6. That's what I'm thinking

How do you get them to stop? Call in the military? Trump controls the military. Who will arrest and detain agents that don't comply?

This is getting more and more horrifying each day.

[AntiFascist]

10. The Constitution does provide a solution...

it's called the 2nd Amendment, allowing states to form their own militias to defend against tyranny. Hopefully the courts will not allow it to get this far out of control.

[Shadowsmith]

30. National Guard

Aren't you talking about the National Guard? Those units are under the State's control.

[AntiFascist]

33. One would hope, but...

Last edited Wed Jul 22, 2020, 06:51 PM - Edit history (1)

according to Wikipedia they under dual control of states and federal government, considered part of state militias as well as (federal) reserve forces.

A state with some balls could potentially, and legally under the Constitution, form their own militia, but the key thing would have to be that it be "well regulated."

Some states like California already have their own state guard, independent of the National Guard:

https://en.wikipedia.org/wiki/California_State_Guard

[Lonestarblue]

11. Couldn't the governor order the Oregon state police to detain secret police who refuse to go?

Or call in the National Guard? The Guard needs to escort the feds back to the federal property they’s supposedly there to protect and off the streets of Portland where they do not belong. That would send a pretty clear message. Perhaps protesters should back off a bit, though I suspect it is local police and right-wing insurgents who are causing a lot of the problems.

[AntiFascist]

13. Yesterday it was reported that it was police unions who were requesting help from Trump's Gestapo...

working around the police chiefs and city or state governments.

[Volaris]

23. They can beg for attention all they want. Legally, they dont have the power to

Ask for a goddamn thing, as the police union is NOT part of the chain of command for law enforcement...even in a federalists wettest fucking dreams.

[Stallion]

14. President would just Federalize Oregon's National Guard ...

like in Mississippi and Alabama in the 1960s

[Thekaspervote]

20. He might, but soldiers have taken an oath to protect and not harm American citizens

If they go against that oath they may face life imprisonment. Just following orders is not a defense

[OneCrazyDiamond]

27. I don't think that is what the oath says:

I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.

I think domestic enemies applies to US citizens. I am wrong a lot though.

[lastlib]

38. Could the "Domestic enemies" include the Gestapo?

[OneCrazyDiamond]

43. I would think so. n/t

[NoRWNJ]

34. Aren't these feds committing the crime of false imprisonment?

[Volaris]

22. The federal order will be repeated by the state circuit court,

At which point, non compliance remedies would be administered by the local sherriff and his deputies (that's their job, is court order enforcement).

[Fiendish Thingy]

7. The Feds will immediately appeal, so the critical point is whether the judge issues a stay

Pending appeal- if no stay is ordered, then the feds must comply with any restraining order.

Noncompliance by the government with a court order, of course, is the epitome of a constitutional crisis.

If that happens, one would hope Pelosi would have the fortitude to move forward with a second impeachment process.

[leftieNanner]

9. Good Thinking.

Thank you.

[bucolic_frolic]

17. Trump may be trying to induce a second impeachment for impeachment fatigue

Pelosi would I think leave this one to the courts and not shake things up too much at this point - Democrats are strong

[OneCrazyDiamond]

18. And Oregon has a large 2nd Amendment population.

It stems from their frontier history.

[NoMoreRepugs]

24. Isn't one of the groups major talking points the right to defend against big government incursion

into their personal lives??

[OneCrazyDiamond]

25. No clue.

My experience comes from visiting the capitol. They have lots of statues and imagery dedicated to the frontiers-people of Oregon.

[bucolic_frolic]

3. Trump will just thumb his nose at any injunction

and appeal, and appeal, and appeal.

The lawlessness is in the White House.

[Fiendish Thingy]

8. See my post #7 - appeals are to be expected

The critical point is if the judge issues a stay of the ruling pending appeal.

IIRC, Oregon is part of the 9th circuit, still pretty liberal, and less likely to go along with fascism.

[OneCrazyDiamond]

19. McTurtle and Drump are trying to muck it up though.

I think they need 2 more appointments to flip the 9th. We have to win in November to keep the courts in the tentative balance they are in now. I don't think Justice Ginsburg will make it through another 4.5 years on the bench.

[MineralMan]

4. And that's how you do it. The Federal Courts are part of our

checks and balances. The arrests being made by these ad hoc federal "officers" are unconstitutional. Injunctions are coming. Of that I have no doubt. Then, it comes down to the Executive Branch against the Judicial Branch.

I believe Trump has stepped in a huge pile of dog crap here, and his boots are going to stink for the rest of his term.

[jaxexpat]

12. "his boots are going to stink for the rest of his term"

the question is, "how long is that"?

The $64,000.00 question. Remember when that was REAL money?

[obamanut2012]

21. no

[rainin]

32. Why not?

[Ilsa]

35. Check Reply #33 about dual control of NG. nt

[OneCrazyDiamond]

16. I'm not optimistic here.

The judge is a W appointee. He did approve the FISA warrant against Carter Page though. Maybe he won't like how all that turned out.

[BadgerMom]

26. How quickly might we expect a decision, DU legal eagles?

[MrModerate]

28. Everything Trump touches immediately turns into a clot of snot. n/f

[Scalded Nun]

29. Restrain? Why not detain?

They need to lock every one of these fuckers up.

[geretogo]

31. Going to a court of law and saying this is unlawful and against the Constitution is meaningless .

Trump gave the finger to our Constitution along with his fellow Gangsters since he stole office . They are OUTLAWS . They
don't obey laws . He just laughs at his impeachment .

[orangecrush]

36. GOOD

[McCamy Taylor]

37. Even the NRA has got to be asking "WTF?"

[mudstump]

39. How about an order restricting Trump's thugs to federal property ONLY!

[LeftInTX]

40. I know

[Bayard]

41. It just occurred to me

Have the people they are arresting being read their rights before being hauled away? Doesn't sound like it.

[NewJeffCT]

42. let's make the restraining order for about 104 days

or a bit longer