PORTLAND, Ore. (KOIN) – A federal court ruling over whether President Trump can deploy the National Guard into Portland is expected to be delivered sometime Sunday, the day a temporary restraining order is set to expire.
US District Court Judge Karin Immergut, a Trump appointee, presided over a 3-day trial earlier in the week. She previously issued two temporary restraining orders in the case, blocking the troops pending further litigation.
She found that Trump had failed to show he had met the conditions set out by Congress for using the military domestically. She described his assessment of Portland, which Trump called “war-ravaged,” as “simply untethered to the facts.”
One of Immergut’s orders was paused by a three-judge panel of the Ninth U.S. Court of Appeals. But on Oct. 28, the appeals court vacated that decision and said it would rehear the matter before an 11-judge panel.
The complex case comes as Democratic cities targeted by Trump for military involvement — including Chicago, which has filed a separate lawsuit on the issue — are pushing back. They argue the president has not met the legal requirements to deploy troops and doing so would violate states’ sovereignty.
This decision comes weeks after Trump invoked Title 10 on Sept. 27, which authorized federal control of the National Guard.
In early October, Judge Immergut ruled in favor of the Oregon’s proposed restraining order, saying the relatively small protests in Portland did not justify the use of federalized forces. She also said allowing the deployment would harm Oregon’s state sovereignty.
When President Trump then attempted to deploy troops from California and Texas, Oregon leaders filed another restraining order that was also approved by Immergut.
However, the Trump Administration’s appeal for the first case was won in the Ninth Circuit Court of Appeals in Oregon. Federal attorneys then filed the motion to dissolve the second TRO on the same basis.
Trump’s attorneys also said that, if Immergut were to not to dissolve the case, she should at least stay the effect of the order until the order expires on Nov. 2.
Stay with KOIN 6 News as this story develops.
The Associated Press contributed to this report.
Aimee Plante
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