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In this Oct. 18, 2021 photo, the Supreme Court is seen in Washington. (AP Photo/J. Scott Applewhite)
SAN FRANCISCO, CA – A federal appeals court ruled Monday that the Trump administration can deploy National Guard troops in Portland.
“We conclude that it is likely that the President lawfully exercised his statutory authority under 10 U.S.C. § 12406(3), which authorizes the federalization of the National Guard when ‘the President is unable with the regular forces to execute the laws of the United States,’” the court said in the ruling.
The troops are to be used in the protection of federal property, including the Portland Immigration and Customs Enforcement facility. It has been the scene of protests for several months.
Oregon Attorney General Dan Rayfield quickly responded to the ruling with written statement.
“(Monday’s) ruling, if allowed to stand, would give the president unilateral power to put Oregon soldiers on our streets with almost no justification. We are on a dangerous path in America,” Rayfield wrote.
“Oregon joins Judge Graber in urging the full Ninth Circuit to ‘act swiftly’ en banc ‘to vacate the majority’s order before the illegal deployment of troops under false pretenses can occur.’ And, like her, we ‘ask those who are watching this case unfold to retain faith in our judicial system for just a little while longer.’
“Members of the Oregon National Guard are our neighbors, family members, and friends. Their safety is important. As a community, we need to come together and help make sure they are sent home as soon as possible. That means keeping Portland peaceful and safe while our fight in the court moves forward.”
Oregon Senator Ron Wyden also issued a statement on the ruling.
“Today’s development is a short-term disappointment, but our ongoing response must be to keep holding Donald Trump and his lackeys in the White House accountable for his authoritarian abuse of power in Oregon,” Wyden said. “As Oregonians, we know that what he and his administration lackeys are plotting to do with federal troops in Oregon is unlawful, unwanted and unnecessary. And I will keep working with local and state officials to ensure Trump does not keep wasting millions of taxpayer dollars on his fascist fever dream that puts lives at risk.
Senator Jeff Merkley tweeted, “Troops are not wanted or needed in Portland. Let’s be clear: Trump’s sole goal is to stoke violence to justify tightening his authoritarian grip. This fight continues to protect our community.”
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Tim Lantz
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