BREAKING: Federal judge BLOCKS National Guard deployment to Portland following three-day trial: Oregon v Trump

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:

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