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chairman donald trump can deploy oregon National Guard In portlandDespite objections from local officials, a federal appeals court said Monday.
A divided three-judge panel on the 9th Circuit Court of Appeals ruled in favor The administration claims Trump “unlawfully exercised his statutory authority”. An attempt was made to deploy guards in the city amid protests against anti-immigration raids.
On the panel, two Trump-appointed judges agreed that the administration rely on evidence that falls “within the bounds of honest judgment” to determine whether the National Guard is needed to execute the laws of the United States.
In September, Trump attempted to federalize 200 members of the Oregon National Guard to protect federal agents sent to the city. Claimed that Portland had been “devastated by the war” and “Under siege from antifa attacks.” Trump has often been making portlandA progressive city with a long history of protests, the target of insults and threats.
State and local officials have disputed Trump’s characterization of Portland.
Earlier this month a district court judge sided with the officials when they temporarily halted the administration’s deployment of the National Guard.
The district court judge said the president had no valid rationale for deploying the Oregon National Guard, citing that the protests were “generally peaceful” and that there were occasional confrontations between citizens and federal law enforcement. The judge said local law enforcement was equipped to deal with those smaller incidents.
But government lawyers argued to 9th Circuit judges that the guard was necessary because protests in Portland have been going on for months with occasional civil disobedience that local enforcement cannot control.
he cited Many events throughout the summer, These included some where protesters “threw rocks and sticks” at an ICE facility guard shack, “attempted to set fire to the American flag on the way to the ICE facility,” and one “shot at officers with a paintball gun.”
Ultimately, two of the three judges on the 9th Circuit agreed with the administration.
“Even if the President may exaggerate the extent of the problem on social media, that does not change that other facts provide a colorable basis to support the statutory requirements,” the judges wrote.
Trump has consistently used a rarely used presidential power that allows the president to take control of a state’s National Guard in the event of an invasion, rebellion against the government or when the president cannot execute laws with regular force.
In the summer, he sent the California National Guard to Los Angeles amid protests against anti-immigration raids. However, A federal judge later determined that the administration violated the Posse Comitatus Act, Which prevents the military from being used for domestic law enforcement.
Trump has also done it National Guard sent to ChicagoAgainst the wishes of state and local officials for similar reasons. The legal battle on this matter has reached the Supreme Court.
The President also deployed National Guard members to Washington, DC. However, Trump has more authority over the DC National Guard than other states due to jurisdiction.
National Guard troops are expected to be deployed elsewhere across the US as Trump looks to implement his deportation agenda and crack down on crime in other cities.
Monday’s decision likely isn’t the final word on the matter. Oregon or Portland could appeal the decision to the Supreme Court or ask an 11-judge panel on the 9th Circuit to review the three-judge panel’s decision.