Judge Temporarily Blocks Trump From Sending National Guard to Portland
The judge said Trump’s order “appears to violate both 10 U.S.C. §12406 and the Tenth Amendment.”
Late Sunday night, U.S. District Judge Karin Immergut placed a temporary restraining order (TRO) on President Donald Trump’s decision to deploy the California National Guard to Portland, OR.
The TRO blocks Trump from deploying any other state’s National Guard to Oregon.
See, Trump wanted to send the California National Guard to Oregon because on Saturday, Immergut placed a TRO on an order to send the Oregon National Guard to Portland.
Immergut’s ruling says that the Trump administration’s action violates federal statute 10 U.S.C. §12406 and the Tenth Amendment.
“It appears to violate both 10 U.S.C. §12406 and the Tenth Amendment,” Immergut said during the proceeding, according to reporting from Adam Klasfeld of AllRise News.
Immergut also pressed Justice Department attorney Eric Hamilton on why the DOJ continued to pursue troop movements.
“How could bringing in federalized National Guard from California not be in direct contravention of the TRO that I issued yesterday?” she asked.
“You’re an officer of the court. Aren’t defendants circumventing my order?”Hamilton went on to deny any wrongdoing but did offer a defense to which Immergut pushed back.
“You have to have a colorable claim that Oregon conditions warrant deploying the National Guard — you don’t.”
Immergut refused to grant the DOJ’s request for a stay and administrative delay because Trump’s move made it an emergency and no one presented new information to change her mind from Saturday.
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Cut off any money the government can ti the state
With judges like these, I believe a Trump appointed one
We should just let certain states burn down
Anyone with any ability should leave
Not going to end well
Yup. Immergut was nominated by Trump 1.0.
Screw them…let it fall to rubble.
It will be the perfect impetus to clean this land of trash.
Since they are aiding and abetting not only illegal aliens but left wing domestic terror groups, we’d have to build a wall around the state to protect the rest of the country.
Oh, the hell with trying to save them from themselves….
Let it burn; let it all burn.
The judge’s name is Karin.
Oh, the irony.
I’m not at all amused at be ruled over by judges.
I peacefully endured the lawlessness of two terms of Obama and one term of Biden without blowing up a federal building, torching police cars and so forth.
I foolishly expected leftists to do the same.
I no longer care about what happens to those who stand in the way of federal laws being enforced.
FA FO.
^
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You are here.
Another day, another judge that will be over ruled. It’s not up to a judge to decide if there is an eo, it’s squarely in the Executive Branches power to decide that and if troops are needed to protect federal facilities when states refuse
Very simple. Take the judge for a ride along with ICE and let here experience the violence firsthand and not from her ivory tower.
Move the judge to Portland so that they sit there for their court sessions.
Tnis^^^^^
Well, if the Oregon Guard can’t be federalized to protect federal law enforcement and property, it can be federalized and deployed to a foreign country for training purposes. DO IT.
https://supreme.justia.com/cases/federal/us/496/334/
Well, sure it can, but I’m not sure how that pressures the Oregon government.
what about the violations for allowing the criminals to take control!
Why in the world do these district court judges issue diktats like this one that they know will be overturned the next weekday?
Probably to avoid having their house burned to the ground.
Because it slows down the Fed and the media will run with it to make it look like Trump is behaving like a “King”. They never give equal air time to every federal judge who is slapped down by a higher court so people don’t realize what these judges are actually doing.
“The judge said Trump’s order “appears to violate both 10 U.S.C. §12406 and the Tenth Amendment.”
LOL. Oh, sure, NOW a court gives rat’s turd about the 10th amendment. The only other amendment more relegated to a dust bin is the 9th amendment.
And Trump did not ‘violate’ 10 U.S.C. §12406 – he is its FULFILLMENT.
Article 2 of the code states, “there is a rebellion or danger of a rebellion against the authority of the Government of the United States;”
Impeach this judge. For goodness sake impeach all these lawfare judges repeatedly overturned by scotus – as this judge will be. Impeach this judge.
The democrat shutdown is a good time to eliminate most district courts, and a bunch of other regional courts. Non-essential employees, indeed.
The exact wording of the statute in question:
“Whenever- … (3) the President is unable with the regular forces to execute the laws of the United States; the President may call into Federal service members and units of the National Guard of any State in such numbers as he considers necessary to repel the invasion, suppress the rebellion, or execute those laws.”
Don’t see anything in there about when a judge makes a determination.
One does not need rebellion under that statute. It also includes a lower standard if:
I wonder if these resistance minded goons, goose stepping in unison to the beat of ‘Orange Man Bad’, understand that we are very close if not yet past a Harper’s Ferry moment. Federal Facility? ✓ Siege? ✓ Armed insurgents? ✓ Asymmetric tactics/attacks? ✓ Decentralized Command/Control? ✓ Financial backing from shadowy sources? ✓ Fanatical ideology? ✓
This is getting very close to an actual insurrection openly backed by neo confederate d/prog politicians. Sooner or later a line will be crossed from which there’s no turning back. No whining when these neo confederates get the ‘fight’ their rebellious rhetoric claims they want, are decisively defeated in short order and a period of reconstruction is imposed for a couple decades. Hopefully these goons back down instead of continuing to amp up their loony base to cross the point of no return.
And just remember — Democrat Rules say insurrections are worse than Pearl Harbor and the Tunguska meteorite. There’s something you can choke on, proggies.
It seems to me that the Judge is parsing the meaning of “rebellion” under 10 U.S.C. §12406 and finding that the situation does not rise to a level high enough to constitute a rebellion.
““You have to have a colorable claim that Oregon conditions warrant deploying the National Guard — you don’t.”
However once again a Judge is substituting her judgement for that of the President. I don’t believe she has that power. HE decides what constitutes a rebellion.
Sanctuary states are in rebellion against the authority of the federal government to execute the laws of the United States when they shield illegal aliens and tell their law enforcement officers to stand back and allow their people to attack federal facilities and federal officers.
No, they’re not. The constitution protects their right to do that. What they can’t do is actively interfere with federal law enforcement. So they don’t.
Exactly! She has no power under the statute to substitute her judgment for that of the President. She needs to go back to law school to be re-blued.
“It appears to violate both 10 U.S.C. §12406 and the Tenth Amendment,”
The word “appears” inspires real confidence. Sounds like a kick the can word to me.
It’s like “alleged.” It hasn’t gotten a trial yet.
For a temporary injunction, “appears” is all that can be said. No determination has yet been made.
From a Reuters article dated October 5:
From a USAToday article dated October 3:
Exactly who is “untethered to the facts?”
Even stupider is to measure the amount of rebellion by arrest statistics, in a region where law enforcement has been for all intents and purposes ordered not to arrest any of the rebels.
Karin, apparently, is untethered from reality if she believes there is no justification under 10 U.S.C. §12406 to deploy the National Guard. Does she think it requires China to parachute in to the USA first?
Another ruling that should be ignored.
Yes, it’s time to disregard her order and those of judges like her. What is she going to do? Call in the National Guard to arrest the National Guard?
I expected her to be an autopen judge but instead I see that she was nominated by Donald Trump as well as a FISA judge.
Let Portland, Chicago and other major D metros just burn. Their voters voted for this, why prevent their enjoyment of their policies of the crime they obviously demand? They’re adults. They must experience the consequences of their actions. Just put a fence around each city, throw in all the guns and ammo they desire, and post a phone number: Call us when it’s over. Cuz NOBODY CARES.
It was NOT the voters who carried the last election(s). Nope, I was the vote Counters.
One example.. some private election examiners were curious about a discovery they made: : 250 voters are registered at one address. One o the team knew the indicated area well, could not recall a large apartment complex in that area, so they piled in and took a drive. It took them quie a while to locate the address. When they did, they were outraged. The GPS, and an old sign, conphirmed the correct location. The “residence” was an long0abandoned single wide mobile home, one wall partly gone, windows busted out, no main door. Electricity pole with no drop to the “home”, no water. Weeds and smallish trees so high and think they could not drive up to the “home”. Yet 250 :”voters” were registered at that “home”?
This was reported to the election people, Last check, nothing done to correct the situation.
How many other such “registrations” are there in Portland area?
Don’t tell ME the “vote” in Oregon is “true”.
Get a copy of the voter registration list. Get a copy of the property tax records. Compare them. Is the physical address a residence or a vacant lot? How many registrations at an address? Is there a studio apt with a dozen ‘voters’ registered there? Do the names on the lists match for single family homes/condos?
That’s what voters in every County with hinky elections is gonna have to do. Get the data and find inconsistencies then file suit under ‘motor voter’ to compel the officials responsible to perform their mandatory duty to ‘maintain accurate voter registration rolls’.
Nobody is gonna do it FOR those voters. In fact it will require the participation of a brave person who loves there as named plaintiff. They can get assistance from the outside with funding and legal support/advice. Public Interest Legal Foundation (PILF) does a good deal of work to advance clean voter registration lists.
Got a link for that story? Who exactly made this discovery, and in which state?
If a few people wandering around the nation’s capitol along with a group of miscreants making asses of themselves counts as an insurrection than outright attacks on federal officers and buildings sure looks like a rebellion to me. But let’s check what our friend Webster has to tell us,
1. “The act of rebelling; open and avowed renunciation of the authority of the government to which one owes obedience, and resistance to its officers and laws, either by levying war, or by aiding others to do so; an organized uprising of subjects for the purpose of coercing or overthrowing their lawful ruler or government by force; revolt; insurrection.”
Sure seems the part about “resistance to its officers and laws…” is at play in Chicago and other places.