On a recent phone call, Oregon Governor Tina Kotek expressed her opposition to the deployment of the National Guard in Portland, prompting President Trump to question the reasoning behind her stance. Following this conversation, Defense Secretary Pete Hegseth issued a memorandum federalizing 200 members of Oregon’s National Guard to support operations in the city. In response, the state filed a lawsuit to prevent this deployment.
During a hearing, Oregon and Portland’s legal representatives argued for a temporary restraining order against the National Guard’s deployment. The hearing included a variety of legal discussions centered on Section 12406 of U.S. Code, which dictates the conditions under which the president can call up the National Guard, specifically focusing on the third prong: the ability of the president to enforce U.S. laws using regular forces.
Judge Karin Immergut began the hearing by pointing out that there appeared to be no argument regarding an imminent rebellion, although attorneys for the Department of Justice did claim that the protests in Portland represented organized resistance against federal authority. An objection arose from Oregon’s senior assistant attorney general, Scott Kennedy, who pointed out that protests typically oppose governmental authority.
The hearing’s focus largely centered on whether the president’s assertion of being unable to execute laws using regular forces was valid. Deputy Assistant Attorney General Eric Hamilton cited posts from Trump’s social media account as key to this determination. In particular, posts discussing “domestic terrorists” and the need for National Guard deployment were highlighted, although Ohio officials contended that these interpretations did not align with the situation on the ground, citing law enforcement reports indicating no serious issues.
As discussions unfolded, it became evident that many allegations of violence cited by the DOJ dated back months and were more rooted in online discourse than in actual confrontations. Oregon’s legal team argued that the atmosphere being portrayed by the president conflicted with the reality of local circumstances, pointing to available police resources as sufficient to handle the situation. The judge indicated she would issue a ruling shortly after the hearing concluded.
Source: https://www.theverge.com/policy/792042/trump-oregon-national-guard-tro