Posted on 11/03/2025 4:33:51 AM PST by Red Badger
Judge Immergut decided that the president did not meet the merits to federalize the National Guard under Title 10 section 12406.
US District Court Judge Karin J. Immergut ruled on Sunday that President Donald Trump likely lacked the authority to federalize the National Guard and surge troops to protect the US Immigration and Customs Enforcement (ICE) facility in Portland, which has been the site of constant "unlawful" demonstrations since June 7.
Judge Immergut, appointed by Trump, extended the preliminary injunction, deciding that the president would likely not meet the merits to federalize the National Guard under Title 10 section 12406, which permits federalization under certain circumstances, such as invasion, rebellion, or when federal laws cannot be executed. A final decision on the injunction will be made on November 7, per the order.
"This Court determines based on the trial testimony, and the exhibits it has reviewed so far, that Plaintiffs are entitled to a preliminary injunction on their claims that Defendants' federalization and deployment of the National Guard to Oregon violates 10 section 12406 of the Tenth Amendment," the judge wrote in her order.
The state of Oregon and the City of Portland, the plaintiffs in the case of Oregon v Trump, et al, argued that the move constitutes an unlawful overreach into local affairs and claimed that the Trump administration could continue mobilizing personnel from other federal agencies to assist in the protection of the ICE facility, instead of deploying the National Guard.
Department of Justice attorneys, arguing on behalf of Trump, told the Court that surging the National Guard was a necessary response to ongoing violence directed at the ICE facility and federal agents, as well as a justification under presidential authority, which Deputy Assistant Attorney Eric Hamilton emphasized was not up for judicial review, citing Supreme Court rulings and the nation's laws supported by Congress. The defense made it clear to the Court that federal agencies cannot sustain the current format of sending additional resources to protect the ICE facility, detailing staffing issues and negative impacts on normal job-performing functions, such as Title 8 immigration enforcement efforts.
During the three-day trial at the Mark O. Hatfield federal courthouse in downtown Portland, Judge Immergut heard from federal officials with direct knowledge of the ongoing Antifa-affiliated demonstrations at the ICE facility on Macadam Avenue, which included incident commanders from the Federal Protective Service (FPS) and ICE officials. FPS is the DHS agency responsible for securing the nation's federal buildings.
The FPS incident commanders, testifying on behalf of Trump, painted a picture of persistent attacks on federal property and personnel since June, and shared their support for deploying the National Guard. The incident commanders stated that the current staffing levels to protect the ICE facility are "inadequate," which includes more than 100 federal law enforcement personnel from various agencies.
They testified that the 200 Oregon National Guard personnel would enable federal law enforcement officers who were providing assistance to return to their duties. Additionally, the Portland Police Bureau (PPB) was criticized by both FPS incident commanders for their repeated failure to police the area during critical moments, thereby abandoning their federal law enforcement partners, as well as the community. This abandonment was primarily due to sanctuary laws and an Oregon statute regarding use of force policies, Portland Police officers told the Court.
The daily 24-hour protests since early June were characterized as "unlawful" during court testimony. Both FPS witnesses testified about persistent assaults on federal officers, attacks on the ICE facility, attempted breaches, impeding vehicles, stalking federal agents to their residences, and other serious threats. The federal officials asserted that the demonstrators were "highly organized" and frequently possessed radios, riot gear, ballistic vests, helmets, and shields, as well as weapons, including firearms.
ICE Seattle Field Office Director, Camilla Walmsley, also testified in support of National Guard deployment. Walmsley detailed extreme acts of violence committed by protesters at the facility, which resulted in her decision to move ICE personnel out of the building for nearly a month, impacting operations. She said ICE does not have the resources to sustain lending support to FPS, and the ICE Special Response Team (SRT) officers deployed to the facility must return to their duties, which involve "high-risk" immigration enforcement operations.
The state of Oregon and the City of Portland deployed a strategy that included arguing that National Guard deployment would "inflame" protests, potentially increasing civil unrest. However, National Guard Major General Timothy Rieger testified on Friday that in his 30-plus years of experience with the National Guard, he has only seen Guardsmen provide a “calming effect” when deployed to assist with civil disturbances.
The following videos show more of the situation on the ground in Portland since June:
MULTIPLE VIDEOS AT LINK.......................
This is a breaking report. Refresh for updates.
Lemme guess...born in Bangladesh? Appointed by The Big Guy’s autopen?
“Judge Immergut, appointed by Trump,”
How are they able to make rulings based on “likely” is what i’d like to know...
Says the judge is a Trump appointee.
No kings - of the judicial persuasion!
The Judge never had the authority to hear this caser, it is non justicable.
The presidents power here is his to decide not for a judge to be the final arbiter of a presidential power.
This is a separation of power issues now.
Judges appointed in blue states are hard core liberal, the senate uses blue cards and senator privileges to ensure the only judges in a blue state that can be selected for appointment are liberal ones.
Just let Portland go until it’s demise. It is close now.
Yet another foreign-born judge who has not bothered to read the Constitution...
Just when you thought the court couldn’t sink any lower...
Just build a big wall around the city. Don’t let any of them escape.
I don’t doubt that at all. I was just pointing out that the article says the judge was a Trump appointee. Seems most of the judiciary is a bunch of leftists anymore.
Either invoke Martial Law, or remove all federal assets and funding from the state altogether. Oregon has exited the United States.
The communist anarchist takeover of Portland is complete.
Pull out all federal offices (including ICE). Portland be damned. They deserve nothing less.
The US AG has the power to appoint acting special agents which then become either US Marshals or DHS acting agents.
The term is sheep washing. Take National Guard MPs give then temporary leave of absence and “discharge” then from the service then have the AG make then federal agents right after , pay them out of DHS or Marshal’s budgets. Thst then fall 100% under Fedgov and therefore the executive branch.
While they are at it they should call for any former Federal LEO, any branch military police that is under 65 and still can pass a basic PFT to also become acting special agents there is at least 100,000 former LEO and MPs under 65 that could run a 2 mile run and not die of a cardiac event.
Just take the process away from the courts entirely while it plays out to the Supreme Court anyway. It would be moot if they in essence deputize federal marshals en masse. I would also hold that the director of ICE also has the authority to make acting agents of former LEO and MPs as well if not the AG directly the AG is the “top cop” of all Fedgov LEO agencies.
Other than the Trump administration kowtowing to Federal judges, I am not too upset about the ruling. We will just have to bide our time until the people of Portland decide they have had enough pain or decide to let it finish on out to their total destruction.
Another retarded Dipstick Court Skank Jughead who believes she is a god and has total control over the Executive and Legislative branches of the government although the biatch never got one vote or even ran for election. This country’s Judiciary is a total joke designed to stop the election choices of Americans. Just another tentacle of the DNC tyrants and assassins.
Bingo.
“the Attorney General may deputize private citizens, such appointments must further federal law enforcement functions within the authority of the Marshals Service. 28 U.S.C. § 569(c).”
It doesn’t get more Fed function then protecting federal agents enforcing USC code , and defending federal property from the textbook definition of insurrection.
Just Fing DO IT. Get the AG to en masse every former LEO federal, state, local PD ,and every former MP as well. Then cross rate any state,county,local actively employed LEO so they too have nationwide federal agent status and creds.
Finally POTUS needs to sack up and invoke the insurrection act anywhere the local leo refuses to enforce standing legislated USC code. Trigger the Supreme Court to definitively act or not.
Bkmk
No.
We should not give up one more yard of territory to the Leftists. And we should retake the ground they now occupy.
That Federal judge needs to be removed from office. Congress can simply abolish that district Court and should do exactly that.
A term in prison is appropriate for the "mostly peaceful protestors" who keep attacking Federal offices. Most of the public officials in Portland can join them there.
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