A federal trial on whether President Donald Trump can lawfully mobilize National Guard troops to Portland got underway Wednesday and will continue Thursday.
For now, a temporary restraining order barring the federal deployment of Oregon National Guard troops remains in effect through Saturday. A second broader order restricting the federal deployment of National Guard troops from any state to Oregon is in effect through Sunday.
Here’s what we know this morning.
National Guard troops were at Portland ICE building despite court ban
Oregon National Guard troops were on the ground at Portland’s U.S. Immigration and Customs Enforcement building on Oct. 4, hours after a federal judge issued a temporary restraining order barring the federal deployment of state troops to the city, a U.S. Department of Justice attorney admitted Wednesday.
Court exhibits indicate an “Advanced MP squad” of nine troop members arrived at the Portland ICE facility in a support role around 11 a.m. Oct. 4 and stayed until midnight.
Their shift ended at least eight hours after U.S. District Judge Karin J. Immergut issued a temporary restraining order blocking the deployment of 200 Oregon National Guard troops to Portland to protect the ICE building and its personnel.
Earlier this month, a three-judge panel of the 9th U.S. Circuit Court of Appeals briefly put a hold on Immergut’s order, but the full 9th Circuit on Tuesday threw out that ruling after a majority of its 29 active judges voted to have a larger panel of 11 circuit judges review it.
Conservative livestreamer sued
A protester who says he was blasted with pepper spray by conservative independent journalist and livestreamer Chelly Bouferrache has sued her for $10,000.
In court papers, Reese Hollingsworth alleges he was struck in the face by the chemical irritant on July 19 outside the ICE facility in South Portland.
Hollingsworth said the blast was “without provocation” and that the harsh spray penetrated his mask, causing burning pain, according to the lawsuit filed last month in Multnomah County Circuit Court.
In a counterclaim, Bouferrache acknowledged using pepper spray but said that it was self defense.
She “had a reasonable fear of imminent harm and used a proportional amount of force to protect herself,” attorney Julie Parrish wrote in the legal brief responding to the lawsuit.
Protest remains calm, turns into a dance party
The protest in front of the ICE facility remained relatively calm and jolly Wednesday night.
Around 7 p.m., about 40 protesters were gathered near the facility, many of whom congregated on the sidewalk across the street from the building. The protest turned into a dance party as someone put on 1970s hits and protesters, including a handful in inflatable outfits, swayed to the music.
Larry McCool, who owns Mystic Llama Farm in Jefferson, showed up with Caesar the No Drama Llama, who walked through the crowd of dancers. Anywhere from seven to 10 federal agents observed the scene from the top of the ICE building during the early evening, but, as of 8 p.m., they didn’t use any force against protesters.
What we’re watching for today
The trial over troops ordered to Portland will continue Thursday as both attorneys for the U.S. Department of Justice and lawyers for Portland, Oregon and California call witnesses and present their case.
The trial is expected to last three days, wrapping up Friday.
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