Federal Appeals Court Hears Oregon v. Trump – KXL

San Francisco, Cali. – The Ninth Circuit Court of Appeals heard arguments Thursday about whether the Oregon National Guard should be allowed to deploy in Portland and secure federal buildings.  

The appellate court issued an administrative stay Wednesday, but is considering whether to fully lift an order from a federal judge in Portland preventing troops from being deployed.  

Arguing for the President, attorney Eric McArthur says demonstrations continue and it’s more than federal law enforcement can manage alone. “This is hardly the peaceful and sedate crowd the plaintiffs tried to make it out to be. These are violent people.” He told the three-judge panel, “The President is entitled to say ‘enough is enough’ and bring in the National Guard to reinforce the regular forces.”

McArthur says demonstrations remain violent, “There was a group of 50 at the facility. Again, once a marked car drives through, they will flip off, scream and throw objects at the car and in most cases run towards the car as if they’re going to charge the car.”

Oregon Attorney Stacy Chaffin argued federal and local law enforcement can provide security, saying crowds remain small, “Less than 30 people, largely sedate and generally peaceful.” But Judge Ryan Nelson pushed back, “Okay. Hold on, that’s clearly erroneous, because there’s clearly been protests that were above 30.” Judge Nelson also asked about one specific example, “The suspect got violent and spit on agents; he was arrested and booked.” But Chaffin pointed out, “That’s general criminal activity, it’s handled appropriately by law enforcement.” Evidence from federal agents also show demonstrations got smaller at the ICE building after Labor Day.

The court did not immediately issue a ruling, saying the judges would do so “as quickly” as they’re able.