Judge issued permanent injunction barring Trump from deploying Natl Guard to Portland

A federal judge in Oregon ruled on Friday to make her injunction against President Donald Trump’s deployment of National Guard troops into Portland permanent.

Last month U.S. District Judge Karin Immergut initiated a temporary injunction blocking Trump’s National Guard deployment.

“Her order … concluded that conditions in Portland were ‘not significantly violent or disruptive’ to justify a federal takeover of the National Guard, and that the president’s claims about the city were ‘simply untethered to the facts,'” according to ABC News.

On Friday, she made the injunction permanent.

“This Court arrives at the necessary conclusion that there was neither ‘a rebellion or danger of a rebellion’ nor was the President ‘unable with the regular forces to execute the laws of the United States’ in Oregon when he ordered the federalization and deployment of the National Guard,” she ruled.

“When considering these conditions that persisted for months before the President’s federalization of the National Guard, this Court concludes that even giving great deference to the President’s determination, the President did not have a lawful basis to federalize the National Guard,” she added.

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In issuing her ruling, she downplayed the violent riots that have been erupting outside Portland’s U.S. Immigration and Customs Enforcement (ICE) facility for months now.

“[T]he protests outside the Portland ICE facility have been predominately peaceful, with only isolated and sporadic instances of relatively low-level violence, largely between protesters and counter-protesters,” she alleged.

Immergut also alleged that Trump had exceeded his authority in trying to deploy the National Guard to Portland.

“The evidence demonstrates that these deployments, which were objected to by Oregon’s governor and not requested by the federal officials in charge of protection of the ICE building, exceeded the president’s authority,” she wrote.

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Oregon Gov. Tina Kotek used the ruling to call on President Trump to back off of Oregon.

“Oregon National Guard members have been away from their jobs and families for 38 days,” she said. “The California National Guard has been here for just over one month. Based on this ruling, I am renewing my call to the Trump Administration to send all troops home now.”

Oregon Attorney General Dan Rayfield also celebrated the ruling.

“No president is above the law, all of us, in every city across this country must follow the law,” he said. “There’s a reason we have laws in place. And there’s a reason we don’t normalize the use of the military in our cities.”

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The Trump administration may appeal the ruling.

The administration had pointed to numerous examples of rioters wreaking havoc outside the ICE facility throughout summer as one reason for why the National Guard was both needed and fully lawful.

“President Trump’s federalization decision is consistent with law,” Justice Department attorney Eric Hamilton had reportedly argued in court, according to Oregon Public Broadcasting. “The president’s judgement is not subject to judicial review.”

Immergut did in her ruling leave one small gift for the Trump administration.

“To be clear, today this Court does not rule that the President can never deploy the National Guard to Oregon, or to any other location, if conditions on the ground justify the Guard’s intervention,” she noted in her ruling.

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Vivek Saxena

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