Oregon's court challenge to federalization of National Guard in Portland begins

PORTLAND, Ore. (KOIN) – Proceedings began Friday morning for Oregon’s case against President Donald Trump in a high-stakes fight over who controls the state’s National Guard.

The president claims he is acting to protect public safety, but Oregon Attorney General Dan Rayfield has called the move “unlawful” and “dangerous.”

According to Rayfield, if the president can federalize the U.S. military under these conditions, it could set a precedent that puts every state’s guard under federal control.

“The last thing that we need to do is normalize the use of the United States military in our cities,” Rayfield said. “That is a dangerous road to go down.” 

On Saturday, President Trump announced plans to bring troops to Portland in full force, prompting Secretary of Defense/War Pete Hegseth to issue a memo deploying 200 state troops to protect federal property including the Immigration and Customs Enforcement facility in South Portland.

In response, AG Rayfield, Gov. Tina Kotek, and Portland Mayor Keith Wilson filed a temporary restraining order Monday to block the deployment.

Under Title 10, the president can nationalize the guard if there is a foreign invasion, a rebellion, and if federal law can’t be enforced. But according to the state’s oral arguments in court,  those standards don’t match the facts on the ground in Portland.

“We are not a war torn community. In fact, by bringing in and federalizing the National Guard —  using the U.S. military in our cities — there’s economic harm, it leads to increased protests,” Rayfield said. “What we want to do is actually use real facts and talk about what’s really going on in Portland, and not base our opinions and perpetuate false narratives.”

In rebuttals, attorneys for the Trump Administration argued that there is still a threat of rebellion.

No troops are on the ground as of Friday afternoon. The Oregon Military Department told KOIN 6 News that boots could be on the ground sometime this weekend.

The state and city say their presence could lead to inflamed tensions and unnecessary costs like increased police overtime.

Stay with KOIN 6 News as this story develops.

Joelle Jones

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