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Federal Judge Blocks Trump’s National Guard Order in Portland

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URGENT UPDATE: A federal judge has ruled that President Donald Trump unlawfully ordered National Guard troops to Portland, Oregon. This pivotal decision, made by U.S. District Judge Karin Immergut, marks a significant legal blow to the Trump administration’s military deployment strategy amid protests.

Judge Immergut’s ruling, delivered on October 3, 2023, permanently blocks Trump’s attempt to utilize military forces to suppress protests centered around immigration issues. This decision is the first of its kind to challenge the administration’s military actions in American cities, as similar orders are also being sought for Los Angeles, Chicago, and Washington, D.C.

Immergut, notably a Trump appointee, dismissed the administration’s claims that Portland’s protests constituted a rebellion, which would legally justify military intervention. Her ruling replaces a previous interim order that had already halted the troop deployment.

The implications of this ruling are immediate and far-reaching. The Trump administration is expected to appeal, and the case could escalate to the U.S. Supreme Court, potentially reshaping the use of military force on American soil.

“This case is about whether we are a nation of constitutional law or martial law,” said Portland’s attorney, Caroline Turco.

The backdrop to this ruling involves a lawsuit filed by the City of Portland and the Oregon Attorney General’s Office, alleging that the Trump administration exaggerated isolated incidents of violence to justify military deployment under a law permitting such actions in the case of rebellion.

During the trial, the Justice Department painted a picture of Portland as a city under siege, with attorney Eric Hamilton claiming, “For months, agitators have used violence and threatened violence against the men and women who serve our country.” However, local lawyers argued that violence has been minimal and effectively managed by city police forces.

As tensions rise, Portland has seen at least 32 people charged with federal crimes connected to the protests since June. Of these, 11 have pleaded guilty to misdemeanors, and some face significant prison sentences for actions such as throwing a knife at an officer.

Amidst this turmoil, the administration’s military tactics have drawn criticism, with many Democrats arguing that Trump is misusing military powers intended for dire situations like invasions or armed rebellions.

Judge Immergut’s initial blocking order was issued on October 5, and the Ninth U.S. Circuit Court of Appeals is currently reviewing the administration’s appeal. Preliminary rulings from three judges, including Immergut, have indicated that the National Guard’s deployment under Trump’s cited emergency legal authority is not permissible.

As this situation continues to develop, all eyes are on the potential outcomes of the appeals process. The ruling not only impacts the immediate deployment of troops but also sets a precedent for how military force can be employed within U.S. borders.

Stay tuned for further updates as this story unfolds and as reactions from both the administration and the public emerge.

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