Posted on 08/20/2020 9:35:56 PM PDT by blueplum
multipage order at link
(Excerpt) Read more at documentcloud.org ...
(bottom page 5 top page 6)
The question of whether journalists have any greater rights than the public generally, however, is not actually presented in the pending motion for preliminary injunction. That is because the Federal Defendants are not asserting that they have the legal authority to declare a riot and order persons to disperse from the city streets in Portland; nor does the authority they cite for their presence and actions in Portland so provide.
It is only state and local law enforcement that may lawfully issue an order declaring a riot or unlawful assembly on city streets. That is simply part of a state or city’s traditional police power....
...Thus, 40 U.S.C. § 1315 and its regulations give federal officers broad authority on federal property. They do not, however, give federal officers broad authority off federal property. The authority granted off federal property is limited—to perform authorized duties “outside the property to the extent necessary to protect the property and persons on the property.” § 1315(b)(1). These authorized duties include enforcing federal laws (which as relevant here are laws limited to persons on federal property), making arrests if federal crimes are committed in the presence of an officer, and conducting investigations on and off the property for crimes against the property or persons on the property. § 1315(b)(2). None of these powers include declaring a riot or an unlawful assembly on the streets of Portland, closing the streets of Portland, or otherwise dispersing people off the streets of Portland (versus dispersing people off federal property).
to give a little perspective for Portland specifically, the PD has been ordered not to work with the Feds. The PD was charged with keeping the streets around the fed buildings under control = which they have not done, or at least only done on few occasions and then only after extended hours of attack on the courthouse (generally after midnight).
So what’s to prevent a crowd of 10,000 surrounding a fed building, burning it to the ground and killing all inside, because the feds can’t come out of their ‘yard’ to defend the building or will be killed trying to egress?? And how will this translate to, say, military bases or federal office buildings? What can of worms does this open?
...
POS opinion sure to be overturned on appeal.
Federal officers have the authority to enforce federal law in every square inch of the US.
Attempting to overrun military bases will probably end badly for them.
Only if the base commanders have been given orders allowing them to defend themselves.
“Journalists”, and I use the term advisedly, have crashed over the bounds of “passive observance” in Portland to the point of being a complete joke. I see them routinely interfere with cops, get too close (right into the middle) to the confrontations, ignore and refuse to back off, and actually provide material support for rioters.
There ain’t no such thing as “mostly peaceful” - either you are or you aren’t!
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