An appeals court ruling on the legality of sending National Guard troops to Portland, Oregon, could hinge on previous protest violence at the city’s ICE facility, not the current situation on the ground.
During a hearing today with a three-judge panel at the Ninth Circuit Court of Appeals, one of two Trump-appointed members challenged Oregon’s attorney on the importance of past protest violence.
“The President references Portland as war ravaged, which we all know is not accurate,” said Oregon’s attorney Stacy Chaffin, who referenced the recent state of protests as small and “generally peaceful.”
Judge Ryan Nelson countered, “I mean, do you think there’s a dispute of facts as to what’s happened in June, July, August, September?”
When Chaffin cited the lower court’s opinion that more recent protests had simmered to as few as 30 people, Judge Nelson interrupted: “Well… okay hold on… that’s clearly erroneous because there’s clearly been protests that were above 30.”
Nelson also noted that federal official testified the protests are “impeding their ability to perform their function,” but Chaffin argued that was due to agents being “short-staffed,” not because the protests physically prevent them from carrying out federal law.
Oregon’s position is that local and federal law enforcement is sufficient to handle the current state of protests and that President Donald Trump acted retroactively when he cited past clashes as justification for sending in the Guard now.
The three-judge panel did not give a timeline for when they expect to issue a decision. Even if the court sides with the Trump administration and allows federalization of the Oregon National Guard, troops still cannot be deployed to Portland under a separate court order in effect until at least October 19.
At the time the hearing wrapped up, CNN crews at the ICE facility reported minimal protest activity. Portland police say they arrested four people Wednesday night on misdemeanor charges.