After removing the phone with Oregon Governor Tina Kotak on Saturday, the president spoke about something that surprised him about the call. In an interview the next day, Trump said that Kotak was “great”. But she was trying her best to not send her to the National Guard, and she didn’t mean it. “But I said, ‘Wait for a minute, am I watching things on television that’s happening?”
Hours later, Secretary Defense Pet Hegsith issued a memorandum to 200 members of Oregon’s National Guard to Portland, and the state Oregon filed a lawsuit to stop it immediately.
At a hearing on Friday, the state of Oregon and Portland argued why the federal judge should order temporarily prevented Trump. During an hour and a half, judicial hearing television and reality, internet posts and legal provisions became a strange confrontation. The two sides worked on a wide range of legal area – section 12406 black, Pose Committee Act, Administrative Procedure Act, irreparable loss. But the formal structure of the hearing and the stald, the wood -powered environment cannot be hidden in the heart of the matter. The litigation boils on two things: When the National Guard has a “great level” when the executive branch is federal, and the clear truth that the executive branch is currently out of its gourd and posts it.
There are three prongs up to 10 USC 40 12406, which outlines the conditions under which the President can demand the National Guard. The first is an attack by foreign power. The second is in the form of a rebellion. The third is when “the President is unable to implement the laws of the United States with regular forces.”
“The sides have focused on Prang 3 largely,” Judge Crane Emergut said with the beginning of the hearing. “I don’t think anyone has argued that we are in danger of rebellion against the power of the United States, but the defendants can correct me.”
As it turned out, the defendant – or so, the DOJ lawyers representing the president and the stomach hegsit tried to argue that Portland was on the path of a revolt, saying that the protests against the ice facility in the southwestern Portland were against the United States and the United States.
Oregon Senior Assistant Attorney General Scott Kennedy objected, “This standard is so wide that it will swallow a lot of behaviors.” “Most protests oppose the authority.”
But somehow, the DOJ’s claim that Portland was in danger of falling into an armed uprising was not the most unrealistic part of the hearing. Most of the hearing was dedicated to the fact that the prerequisite 3 (failure to enforce the US law using “regular forces”) has been fulfilled – or instead, whether the president is committed. Used to Was fulfilled was correct.
When Judge Amarjat asked the DOJ to do the main source of authority for the president’s commitment, Deputy Assistant Attorney General Eric Hamilton responded without a slight signal, “The most important commitment appears in the posts that he did on social.”
The two posts they cited were on September 27 and October 1. In the first post, the president intended to give “full force” to call troops to save the “destructive portland” from “domestic terrorists”. The second post is very long, and although it has the characteristics of the use of Trump’s major posts, it has many clauses in its sentences and they are in accordance with the original legal provisions. This is a Trump -flavored post that doesn’t feel like Trump. On October 1, the post -nutty encourages it, making it clear that it called “dynamic and national guards” because law enforcement “could not enforce the rules in Origon.” The state Oregon argued that it was inappropriate to consider the October 1 post, as Hegsit issued its memo on September 28 – this is a very reasonable objection that was barely in the circumstances.
Hamilton lifted himself to take a picture of a war zone. Lia which the president was posting. He said ice was under “vicious and brutal” attacks by protesters. The rocks were thrown at the ice agents, the protesters tried to “blind” the ice drivers with flashlights, the places of the ice car were posted on the internet, the ice agents were documented, and the horrible thing was that, the snowfall was sometimes changed. He also cited the protesters to set up a gallotin on the site. (Ice agents have not been gallowned.)
It was noteworthy that he really told many “attacks” about Internet posts – posts about the locations of the vehicle, posts about the identification of ice agents, “violent threats” posts proved that Portland was out of control. Kennedy pointed out that “the defendant about the National Guard,” none of them was in the power to resolve the National Guard.
In the upper part of it, all these things did not happen in September, or August. Many people after June, some until July. “What is happening in Portland is not what the president’s idea is on the ground,” said Senior Deputy City Attorney Caroline Torco. He spent some time reading the excerpts of various law enforcement announcements, which were filed with the case, especially at night to the social positions of Trump’s truth, when the Portland Police Bureau had contacted Federal Security Services, which had no reports of “no problem”.
Kennedy called the president’s positions “ambiguous, fire hyperbal, which does not know the good intentions of the facts.”
“In fact, we have an impression in reality than the problem of reality,” the president thinks that it is World War II here. The fact is that it is a beautiful city with a sophisticated police force that can handle the situation. “
“We have an impression of an impression than the problem of reality”
The shadow of 2020 fell in most parts of the hearing. The DOJ 2020 wanted to use the protests to strengthen claims of violence and rebellion, but given the nature of the temporary prevention order, the judge did not see so much time thinking about what had happened five years ago. But the state and the city’s lawyers were also thinking about 2020 – “federal involvement”, he said, only would help “inflammation” the situation, and Oregon and Portland were holding bags when strict protesters were pushed on Trump.
And the court and the overflow room fans were also thinking about 2020, the portlanders dressed in suits and rain jackets and puffers, filled the place with a useless, friendly chatter that is local in the northwest of the Pacific. “Were you here in 2020?” I told one participant to another in the gallery.
The judge promised to issue his decision soon or the next day. He acknowledged that he was assigned only a day earlier in the matter – a previous judge Michael Simon attracted himself to the demands of the Justice Department a day ago. Simon is married to Reprint Suzanne Bonamisi (D), which is part of Portland’s part in the district and some of its suburbs. The new judge, Crane Amar, was appointed by Trump in 2019.
When I got out of court, wet, wet October, the building looks new and old for me. I had gone there several times in the summer of 2020 – but was riding the courthouse, it was controlled with grafts and feeds in chemo. I could see the place where in 2020, I was thrown down by a range of feeds. It was with a large stone map that I had never seen before, because it was covered with fortresses. An quote from Thomas Jefferson stood in his shining face, which wrote: “The sharp sea of freedom is never without a wave.”
It was a bit on the nose, but everything else was.
