\n<\/p>\n
A divided US appeals court decided on Monday that Donald Trump can deploy national guard troops to Portland, Oregon, over objections by city and state leaders, dealing the Republican president an important legal victory as he dispatches military forces to a growing number of Democrat-led cities.<\/p>\n
A three-judge panel, of the US court of appeals for the ninth circuit, decided to lift a lower court\u2019s recent ruling that had prevented Trump from sending troops into the Democratic stronghold. Trump has claimed the right to deploy national guard troops to Portland for the purported purpose of protecting federal property and agents.<\/p>\n
This ruling allows Trump to maintain control over the state\u2019s national guard until litigation proceeds completely through court. The decision does not mean that troops will arrive to Portland right away, the Oregonian reported.<\/p>\n
There was a one dissenting judge, Susan Graber, on the three-judge panel, who described the ruling to allow the deployment as having \u201cno legal or factual justification\u201d. Graber, an appointee of former president Bill Clinton, said efforts to describe the city as a \u201cwar zone\u201d were absurd, noting protesters wearing inflatable frog costumes.<\/p>\n
The secretary of defense, Pete Hegseth, issued a memorandum on 28 September stating that 200 members of Oregon\u2019s national guard would be \u201ccalled into Federal service effective immediately for a period of 60 days\u201d. The memo came after Trump\u2019s demand for a military deployment to Portland.<\/p>\n
Oregon\u2019s governor, Tina Kotek, said previously at a news conference that she had been notified by the Pentagon that the US president had seized control of the state\u2019s reservists, claiming authority granted to him to suppress \u201crebellion\u201d or lawlessness.<\/p>\n
City and state officials filed suit shortly thereafter to block the deployment.<\/p>\n
\u201cWhen the president and I spoke yesterday,\u201d Kotek said at the time, \u201cI told him in very plain language that there is no insurrection, or threat to public safety that necessitates military intervention in Portland.\u201d<\/p>\n
Oregon\u2019s attorney general, Dan Rayfield, said that Trump\u2019s deployment was unlawful. Portland had neither seen a foreign invasion nor sprawling anarchy \u2013 rather, there was one minor protest outside an Immigration and Customs Enforcement field office in Portland.<\/p>\n
\u201cLet\u2019s be clear, local law enforcement has this under control,\u201d Kotek also said. \u201cWe have free speech demonstrations that are happening near one federal facility. Portland police is actively engaged in managing those with the federal folks at the facility, and when people cross the line, there\u2019s unlawful activity, people are being held accountable.\u201d<\/p>\n
The judge presiding over this lawsuit, Karin Immergut, blocked Trump\u2019s effort to deploy Oregon national guard troops and said his contentions about Portland\u2019s atmosphere were \u201csimply untethered to the facts\u201d. Trump tried to circumvent Immergut\u2019s order by deploying federalized California national guard troops to Oregon.<\/p>\n
Immergut, a Trump appointee, imposed a second order prohibiting the deployment of any national guard troops to Portland.<\/p>\n
The decision lifting Immergut\u2019s order said that at this stage of litigation, \u201cwe conclude that it is likely that the President lawfully exercised his statutory authority \u2026 which authorizes the federalization of the National Guard when \u2018the President is unable with the regular forces to execute the laws of the United States.\u2019\u201d<\/p>\n
The judges who decided against Immergut\u2019s decision, Ryan Nelson and Bridget Bade, are Trump appointees. <\/strong><\/p>\n In her dissent, Graber takes issue with Trump\u2019s portrayal of Portland as a hotbed of civil conflict where roving residents impeded Ice\u2019s operations. \u201cNo legal or factual justification supported the order to federalize and deploy the Oregon National Guard,\u201d Graber wrote.<\/p>\n \u201cGiven Portland protesters\u2019 well-known penchant for wearing chicken suits, inflatable frog costumes, or nothing at all when expressing their disagreement with the methods employed by ICE, observers may be tempted to view the majority\u2019s ruling, which accepts the government\u2019s characterization of Portland as a war zone, as merely absurd,\u201d she also said. \u201cBut today\u2019s decision is not merely absurd. It erodes core constitutional principles, including sovereign States\u2019 control over their States\u2019 militias and the people\u2019s First Amendment rights to assemble and to object to the government\u2019s policies and actions.\u201d<\/p>\n Oregon\u2019s attorney general, Dan Rayfield, slammed the panel\u2019s ruling and said that if it stands, Trump would have \u201cunilateral power to put Oregon soldiers on our streets with almost no justification\u201d.<\/p>\n \u201cWe are on a dangerous path in America,\u201d Rayfield said.<\/p>\n","protected":false},"excerpt":{"rendered":" A divided US appeals court decided on Monday that Donald Trump can deploy national guard troops to Portland, Oregon, over objections by city and state leaders, dealing the Republican president an important legal victory as he dispatches military forces to a growing number of Democrat-led cities. A three-judge panel, of the US court of appeals<\/p>\n","protected":false},"author":1,"featured_media":29387,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[56],"tags":[845,160,964,2782,120,8053,666,1014,3533,81],"class_list":{"0":"post-29386","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-crime-justice","8":"tag-appeals","9":"tag-court","10":"tag-donald","11":"tag-guard","12":"tag-national","13":"tag-portland","14":"tag-rules","15":"tag-send","16":"tag-troops","17":"tag-trump"},"_links":{"self":[{"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=\/wp\/v2\/posts\/29386","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=29386"}],"version-history":[{"count":0,"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=\/wp\/v2\/posts\/29386\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=\/wp\/v2\/media\/29387"}],"wp:attachment":[{"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=29386"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=29386"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/naijaglobalnews.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=29386"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}