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Federal Judge Extends block on national Guard Deployment to portland
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Portland, Oregon – A federal judge has extended a temporary restraining order blocking the deployment of the National Guard to patrol the city, effectively halting former President Donald Trump’s plan to federalize aspects of local law enforcement during the 2020 protests.The ruling, issued on July 23, 2020, prevents the federal government from deploying National Guard troops to Portland without further legal justification.
The legal challenge stemmed from a lawsuit filed by the American Civil Liberties Union (ACLU) of oregon, which argued that the deployment violated constitutional rights. Specifically, the ACLU contended that the move infringed upon First Amendment rights to protest and due process protections. This is a victory for our constitutional rights,
said ACLU of Oregon Executive Director David Fidanian in a statement following the initial ruling.
Background to the Dispute
The dispute arose amidst widespread protests in Portland following the death of George Floyd in May 2020.Demonstrations, often focused on racial justice and police brutality, continued for weeks, sometimes escalating into clashes with law enforcement.Former President Trump repeatedly criticized the city’s handling of the protests and announced plans to send federal agents, including National guard troops, to restore order.
Did You Know?
The initial deployment order authorized the National Guard to assist with protecting federal property, but the ACLU argued it extended beyond that scope and encroached on local policing authority.
Timeline of Key Events
| Date | Event |
|---|---|
| May 2020 | Protests begin in Portland following George Floyd’s death. |
| July 2020 | Trump announces plans to deploy federal agents to Portland. |
| July 23, 2020 | Federal judge issues a temporary restraining order blocking the National Guard deployment. |
| Ongoing | Legal challenges continue. |
The judge’s order specifically targeted the federal government’s attempt to federalize
the Portland Police Bureau, preventing the deployment of National Guard troops under federal command. This decision effectively maintained local control over law enforcement during the protests. The Department of Justice did not immediately comment on the extension of the restraining order.
Pro Tip: Understanding the interplay between federal and state authority is crucial when analyzing these types of legal challenges.
Legal Arguments and Implications
The ACLU’s legal argument centered on the Posse Comitatus Act, a federal law that generally prohibits the use of the U.S. military for domestic law enforcement purposes. While there are exceptions to the Act, the ACLU argued that the proposed deployment exceeded those exceptions. The judge agreed, finding that the federal government had not demonstrated a sufficient justification for overriding local authority.
“the court finds that the government has not established that the deployment of the National Guard is necessary to protect federal property,” the judge wrote in the ruling.
This case highlights the ongoing tension between federal and state powers, particularly in situations involving civil unrest. The ruling underscores the importance of protecting First amendment rights and maintaining local control over law enforcement. The long-term implications of this decision could influence how the federal government responds to future protests and demonstrations.
The case continues to be monitored for further developments, as the legal battle over the deployment of federal forces in Portland remains unresolved. [The Hill](https://thehill.com/policy/national-security/508488-judge-extends-block-on-national-guard-deployment-to-portland) provides ongoing coverage of the situation.
Do you think the federal government should have the authority to deploy National Guard troops to cities experiencing civil unrest? What safeguards should be in place to protect constitutional rights during protests?
