Oregon’s National Guard lawsuit hinges on Trump’s Truth Social posts

After a conversation with Oregon Governor Tina Kotek, President Trump expressed confusion over her request to not send in the National Guard. Despite Kotek being “very nice,” Trump couldn’t understand her reluctance. Defense Secretary Pete Hegseth later federalized 200 members of Oregon’s National Guard to deploy to Portland, leading to a lawsuit from the state to halt the action.

During a hearing, Oregon and Portland argued for a temporary restraining order against Trump. The case delved into legal intricacies like Section 12406 and the Posse Comitatus Act. The crux of the lawsuit revolved around the deference to the Executive Branch and its current state of decision-making.

The discussion primarily focused on the president’s justification for invoking Prong 3 of 10 U.S.C. § 12406. DOJ attorneys pointed to Trump’s posts on Truth Social as a basis for his actions. The posts detailed a perceived need to protect Portland from “domestic terrorists,” sparking a debate on the validity of such claims.

The hearing also touched on the events leading up to Trump’s decision, with arguments about the actual situation in Portland versus the president’s portrayal. The DOJ highlighted incidents involving ICE agents, while Oregon and Portland emphasized the city’s ability to handle the situation without federal intervention.

The shadow of 2020 loomed over the proceedings, with references to past protests and the potential consequences of federal involvement. The judge promised a swift ruling, highlighting the complex legal and political dynamics at play. As the hearing concluded, the juxtaposition of past and present in the courthouse reflected the ongoing challenges facing Portland.

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