We are living in so dangerous an age, that the mere confirmation of fundamental rule of law is a triumph.
Judge denies Oregon’s request to stop arrests by federal officers during protests
PORTLAND, Ore. (AP) — A U.S. judge on Friday denied Oregon’s request to restrict federal agents’ actions when they arrest people during chaotic protests that have roiled Portland and pitted local officials against the Trump administration.
By: Gillian Flaccus, Associated Press, July 24, 2020:
Story continues below advertisementFederal agents deployed by President Donald Trump to tamp down the unrest have arrested dozens during nightly demonstrations against racial injustice that often turn violent. Democratic leaders in Oregon say federal intervention has worsened the two-month crisis, and the state attorney general sued to allege that some people had been whisked off the streets in unmarked vehicles.
U.S. District Judge Michael Mosman said the state lacked standing to sue on behalf of protesters because the lawsuit was a “highly unusual one with a particular set of rules.
Oregon was seeking a restraining order on behalf of its residents not for injuries that had already happened but to prevent injuries by federal officers in the future. That combination makes the standard for granting such a motion very narrow, and the state did not prove it had standing in the case, Mosman wrote.
Legal experts who reviewed the case before the decision warned that he could reject it on those grounds. A lawsuit from a person accusing federal agents of violating their rights to free speech or against unconstitutional search and seizure would have a much higher chance of success, Michael Dorf, a constitutional law professor at Cornell University, said ahead of the ruling.“The federal government acted in violation of those individuals’ rights and probably acted in violation of the Constitution in the sense of exercising powers that are reserved to the states, but just because the federal government acts in ways that overstep its authority doesn’t mean the state has an injury,” he said.
The clashes in Portland have further inflamed the nation’s political tensions and triggered a crisis over the limits of federal power as Trump moves to send U.S. officers to other Democratic-led cities to combat crime. It’s playing out as Trump pushes a new “law and order” reelection strategy after the coronavirus crashed the economy.
Protesters in Portland have been targeting the federal courthouse, setting fires outside and vandalizing the building that U.S. authorities say they have a duty to protect. Federal agents have used tear gas, less-lethal ammunition that left one person critically injured and other force to scatter protesters.
The lawsuit from Oregon Attorney General Ellen Rosenblum accused federal agents of arresting protesters without probable cause and using excessive force. She sought a temporary restraining order to “immediately stop federal authorities from unlawfully detaining Oregonians.”
David Morrell, an attorney for the U.S. government, called the motion “extraordinary” and told the judge in a hearing this week that it was based solely on “a few threadbare declarations” from witnesses and a Twitter video. Morrell called the protests “dangerous and volatile.”
Rosenblum said the ramifications of the ruling were “extremely troubling.”
“While I respect Judge Mosman, I would ask this question: If the state of Oregon does not have standing to prevent this unconstitutional conduct by unidentified federal agents running roughshod over her citizens, who does?” Rosenblum said in a statement. “Individuals mistreated by these federal agents can sue for damages, but they can’t get a judge to restrain this unlawful conduct more generally.”
Before the federal intervention, Mayor Ted Wheeler and other local leaders had said a small cadre of violent activists were drowning out the message of peaceful protesters. But the Democrat, who was tear-gassed this week as he joined protesters, says the federal presence is exacerbating a tense situation and he’s repeatedly told them to leave.
Homeland Security acting Secretary Chad Wolf denied that federal agents were inflaming the situation in Portland and said Wheeler legitimized criminality by joining demonstrators, whom Trump has called “anarchists and agitators.”
In the lawsuit, Oregon had asked the judge to command agents from the U.S. Department of Homeland Security, the Customs and Border Protection, the Federal Protective Service and the U.S. Marshals Service to stop detaining protesters without probable cause, to identify themselves before arresting anyone and to explain why an arrest is taking place.
Agents have arrested 18 people in Portland this week, not including early Friday, when they again used tear gas to force thousands of demonstrators from crowding around the courthouse. Protesters projected lasers on the building and tried to take down a security fence. They scattered as clouds of gas rose up and agents fired crowd control munitions.
Wolf said Tuesday that 43 people had been arrested on federal charges at that point.
They face federal charges including assaulting federal officers, arson and damaging federal property, U.S. Attorney Billy J. Williams said. All the defendants are local and were released after making a court appearance.
U.S. officers “working to protect the courthouse have been subjected to nightly threats and assaults from demonstrators while performing their duties,” according to a statement from Williams’ office.
The Oregon attorney general’s motion was one of several lawsuits against authorities’ actions. A different federal judge late Thursday blocked U.S. agents from arresting or using physical force against journalists and legal observers at demonstrations.
Related:
- Toddlers Hold Signs Saying ‘F— the Police’ Outside Portland Courthouse, Raise Black Power Fist
- Portland bans police from working with federal law enforcement
- At least three federal officers may be PERMANENTLY BLIND after Portland rioters attacked them with lasers
- Portland Democrat Mayor Wheeler JOINS rioters who burned down his city — where he was booed, told to resign, given a list of demands and tear-gassed by federal agents
- Black Portland Police Officer: Black Lives Matter Is White People Telling Black People What To Do
- Trump may deploy federal agents to Chicago this week: is Portland-style response an option?
- Portland Riot Organizer Claims Mission is the ‘Abolition of the United States As We Know It’
- Portland Rioter Charged for Attacking US Marshal With HAMMER
- Crazed Leftist Female Rioter in Portland Strips Naked at Police Line On 50th Night of Violent Chaos in the City
- Portland Antifa and BLM Launch Explosives at Federal Building With Agents Inside, Pelosi Backs The Terrorists
- George Washington Statue in Portland Toppled, Covered in Burning U.S. Flag
- Horrifying Video: Portland Mob Viciously Beats, Kicks Unconscious Man
- Portland Trail Blazers Join Nazi-Inspired Boycott of the Jews
- Portland Man Beaten By Bar Leftist Mob For Wearing MAGA Hat
- Portland: Left-Wing Savages BASH SKULL of Another Conservative in Weekend of Democrat-Inspired Violent Attacks
The Truth Must be Told
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You have the right to leave and never return, Marxist scum. Please exercise that right.
Oregon and its neighboring state Washington are slip-sliding away into a self-generated abyss by not merely the lowlife anarchists, Leftists of every spectrum but faux-Democrats. The most subversive is the leadership of which is, of course, Democrats.
Finally, perhaps, maybe, a judge with a sense of law and order, upholding the Constitution has denied the above’s request to deny Federal agents from arresting those who are wreaking war on everyday citizens and businesses. One must commend this judge for not being swayed by the political hacks destroying the city of Portland. Now, if the judiciary throughout America would have the audacity to uphold the laws of this nation, there may be a chance of changing the course in which this country is heading, Civil War.
I, for one, will not get my hopes up, as the judiciary throughout America is at times aimless, biased, or hijacked by the faux-Democrats and its subversive allies. It is, however, a start, one fears, nevertheless, this judge’s ruling is an exception.
I doubt the federal agents would pay much attention, no matter what the judge said, as it should be. They are clearly not protesters, they are terrorists.
Exactly, Dave; what gets me beyond exasperated, p’d off is the Leftist mass media that continues to call these terrorists, protesters. It’s a wonder my TV is not in the trash or recycling bin. The so-called leadership from the mayor upward should be indicted for advocating, enabling this never-ending terrorist activity.
I ask myself, what the hell is going on in this Republic? A rhetorical question, indeed. The nation is not only grappling these Marxists and every malevolent radical faction but the faux-Democrats whose sole intent is the downfall of this Constitutional Republic. If the people, the voters fail to discern the reality or are dependent upon the Fifth Column mass media for the truth, the nation will implode. I didn’t mean to prattle on and on, sorry.
Prattle on, because you are spot on.
Never apologize for speaking the truth. More need to do that and OFFEND the opposition.
Absolutely agree with you felix1999!!
I sure hope not.
Agreed. The media and their commiecrat cohorts need to stop with running cover for the anarchists and rioters by using such terms as “demonstrators” or “peaceful protesters”.
Once the first match is struck, the lawlessness begins.
Sounds like the judge is sympathetic to the rioters, with the drivel about ‘standing’.
Lets have the civil war. At this point it’s probably inevitable even with DJT in the White House. Even if the Rats don’t manage to cheat their way to ‘victory’, who the hell thinks the Rats and assorted cretins that think socialism and islam are superior will accept it without this sedition continuing and getting worse?
Civil war is going to come, I think. I’m not sure DJT has the stones to do what needs to be done (which is not coddling negroes and illegals).
He’s a great President, or could be in an environment less toxic than what we find ourselves in. We need a Patton or six for military leaders and an Andrew Jackson for a president.
Trump has very little support. That is a major problem and forces him to tread cautiously. People refuse to recognize that and want dictator actions. Trump contines to be a dumping ground for the “left” and the “right”. Anything they don’t like, they blame Trump, even though these problems are deep rooted long before Trump came along….
The Civil War is happening but mostly on one side, the evildoers. It’s time to make these anti-American traitors, anti-Constitutional anarchists and all to pay heavily for their treason. I include the so-called Democrats in this equation.
Washington is one of 4 states I have Trump flipping this election, especially after that CHAZ fiasco.
I sure hope so.
I wouldn’t put too much stock in this ruling – Rosenblum and company are planning another appeal, on different grounds, with a different judge.
The irony in all this, of course, is that when the fascist left wins – and they will, the first person they’ll come for will be Oregon Attorney General Ellen Rosenblum.
“Rosenblum said the ramifications of the ruling were “extremely troubling.”
Just Me,Just my way of Looking at things, being the Goober that I am,
At this Time,There are HOURS of Recordings,Visual and Audio,which leads me to Say,..
….what I, Find “extremely troubling.” Is the,
MURDERs,ASSAULTs,DESTRUCTION,RAPEs. ALL Verified,and Yet we still Have to
Debate the intrigues to STOP Them.!
Even a Clown,would think it;s become Surreal , Darkly
Repost of a comment I made on FPM:
This is why American suburbs are not an alternative to cities. The suburbs are inter generational siege camps waiting either for the invading urban population to leave or for the government to authorize killing them. Bleeding cities dry is half the point of suburbs.
The suburbs are very well designed. They rob the cities of tax revenue even as they increase their infrastructure costs, meaning that the enemies of those in the suburbs must suffer privation.
All the gradual process towards new urbanism in America was burned to the ground, in many cases, literally, in the riots this year.
Trump sending in federal agents terrifies the left because they recognize the move for what it is: a move from siege warfare to infiltration and removal of the occupying forces, including the DC swamp. This is what Trump meant by “Making America Great Again.”
This ties back into national security, economic policy and space policy, all of which Trump deeply cares about. Without a high-trust society, you can’t have a military, or industry, or close-quarters space colonies.
Leftists actively hate the American founding population. They are Visigoths sacking the remains of our cities, wearing crowns of trash, and declaring themselves emperors. The fate of our country depends on whether we expel them or bow down.
Repost of a comment I made on FPM:
This is why American suburbs are not an alternative to cities. The suburbs are inter generational siege camps waiting either for the invading urban population to leave or for the government to authorize killing them. Bleeding cities dry is half the point of suburbs.
The suburbs are very well designed. They rob the cities of tax revenue even as they increase their infrastructure costs, meaning that the enemies of those in the suburbs must suffer privation.
All the gradual process towards new urbanism in America was burned to the ground, in many cases, literally, in the riots this year.
Trump sending in federal agents terrifies the left because they recognize the move for what it is: a move from siege warfare to infiltration and removal of the occupying forces, including the DC swamp. This is what Trump meant by “Making America Great Again.”
This ties back into national security, economic policy and space policy, all of which Trump deeply cares about. Without a high-trust society, you can’t have a military, or industry, or close-quarters space colonies.
Leftists actively hate the American founding population. They are Visigoths sacking the remains of our cities, wearing crowns of trash, and declaring themselves emperors. The fate of our country depends on whether we expel them or bow down.
A protest against racial injustice? Did you notice the name of George Floyd was not mentioned once in this article? That’s because it has devolved to opportunistic rioting, racial injustice a mere excuse for such.
Have you noticed the mayors and governors of these affected jurisdictions spend more time, effort, and money bashing the forces trying to stymie the lawlessness instead of the street criminals themselves?
Trump 2020!
U.S. District Judge Michael Mosman is a G.W. Bush appointee and also served on the FISA court that approved the Carter Page surveillance warrants. You would expect he would support the rule of law although he appears to have some sympathy for the rioters. I suppose in Oregon and the Left Coast that’s the best you can expect from the judiciary. Trump needs to declare martial law, suspend habeas corpus in these cities and send in an armed task force to take control of these Commiecrat infested nests of sedition.
guess what Rosenblum, that participation ribbon you got in pubic school is worthless, you hear me, worthless
Trump pushes a new re-election strategy – wtf? theres no end to the way things get twisted in the media.How about trying to restore some law and order..
He does what can about it. If he is not re-elected we are finished as a country.
IMO, he needs a clear coherent message that looks forward and not back to pre COVID days with successes. It’s tough times… he is being censored out. Not having rallies and the convention is a major blow to his re-election…..
Just look what happend in the midterms – 2018. Who would think with things going well, people would create a blue wave? Look at your complaint. Some may sit home with the same sentiment. Do not assume a Trump re-election and especially with mail in voter ballots if they can keep the Chinese virus fear alive.
ENEMY INSIDE