Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Challenges to Portland deployment test limits of local and federal authority

Opinion

Federal police officer

A federal police officer stands in front of a federal courthouse in downtown Portland.

Kathryn Elsesser/Getty Images
Adams-Schoen is an assistant law professor at the University of Oregon.

President Trump says the Justice Department will send a "surge of federal law enforcement" into American cities run by "extreme politicians" who are on an "anti-police crusade" — including Chicago, Kansas City, Albuquerque, Cleveland, Detroit and Milwaukee.

Those places may soon see legal battles like the ones in Portland. Four notable federal lawsuits are already challenging actions of the federal agents purportedly sent to protect federal property on the July 4 weekend and remaining in Oregon's largest city four weeks later — with only a tentative, phased withdrawal agreement between the state and the Trump administration set to begin on Thursday.

A surge of hundreds of federal officers into American cities would represent an unprecedented expansion of the role of the federal government into local police matters.

Together, the Portland lawsuits ask the court to delineate, and enforce, constitutional limits on the federal government's ability to override state and local law enforcement and use police tactics that violate protesters' constitutional rights.

Since May 29, Portlanders have marched, sung, chanted and stood together to demand racial justice and condemn police violence against Black Americans.

Local officials and observers describe a fringe minority of protesters aiming laser pointers at officers, throwing cans, breaking windows, setting dumpsters on fire and shooting fireworks at the federal courthouse. One was arrested for allegedly attacking a federal officer with a hammer.

In response, the Department of Homeland Security has deployed paramilitary-style units. The president has characterized the operation as limited to protecting federal property and personnel and enforcing federal law – but also restoring public safety after liberal politicians "put the interests of criminals above the rights of law-abiding citizens."

State and local officials and observers say those federal agents are detaining and arresting innocent protesters. They also say federal officers have fired non-lethal rounds, pepper balls and tear-gas canisters at peaceful protesters, journalists, medics and legal-rights observers.

In a court filing, the city says the presence of heavily armed federal agents is not keeping order, but rather "escalating violence, inflaming tensions in our city and harming Portlanders." The city also says that "credible allegations have been made that the federal government has effectively kidnapped people off Portland streets, among other abuses of power."

The first lawsuit was filed by six journalists and legal observers seeking to stop Portland police from assaulting reporters, photographers and legal observers documenting the police's violent response to protests. After the arrival of federal agents, the suit expanded to include the Department of Homeland Security and the U.S. Marshals Service.

Last week, District Judge Michael Simon rejected the government's argument that the force used was one of the "'unintended consequences' of crowd control," and he told federal agents they could not arrest or use physical force on journalists or legal observers — or stop them from recording what they saw.

In the second lawsuit, state Attorney General Ellen Rosenblum is seeking to stop federal agents from detaining or arresting people without probable cause or a warrant, and to require federal agents to identify themselves and their reason for an arrest or detention.

Citizens rightly fear "being thrown into a van by anonymous agents," the suit says, which infringes on their First Amendment rights to protest. It also says citizens have Fourth and Fifth Amendment rights not to be snatched "off of the streets without probable cause" by unidentified officers in unmarked cars.

On Friday, District Judge Michael Mosman denied Oregon's request to immediately bar such behavior, saying there was not enough evidence to show a pattern of unlawful detentions and finding the state did not have standing to seek the temporary order.

As the parties prepare their next moves, governors throughout the country will be watching to see if the judge recognizes a state's interest in local police matters and its standing to sue federal agencies to protect the constitutional rights of its citizens.

The third case focuses on the 10th Amendment, which says that, except for the federal powers spelled out in the Constitution, all other powers are reserved to the states and its citizens.

The plaintiffs maintain federal agencies are infringing on Oregon's sovereign powers to police Oregon streets. They say the deployment of federal law enforcement officers infringes on the power of Oregon citizens to hold state and local police accountable.

The lawsuit also argues the federal response violates the First Amendment rights of the First Unitarian Church of Portland, whose religious practice includes activism and protest in the face of injustice.

While the federal government has a right to protect its property and personnel, the suit says, "defendants have far exceeded these constitutional limitations" in Portland.

What happens next depends in part on whether the plaintiffs ask for an immediate order requiring the federal agencies to leave local policing to state and local law enforcement.

In the fourth case, street medics who tended to protesters have sued both the city and federal agencies, saying their First and Fourth amendment rights were violated when "police and federal agents brutally attacked volunteer medics with rubber bullets, tear gas, pepper spray, batons and flash-bangs."

The medics want a court order to protect them from further harm. A ruling is likely in the coming week.

The theme of urban violence used by Trump plays on white fears of Black people and those living in extreme poverty.

Trump uses coded racist language to paint a picture of cities "plagued by violent crime," "heinous crimes" and "bloodshed." He claims that local leaders have abdicated their duty to protect citizens, requiring the federal government to step in.

The nation was founded on the principle that freedom is safeguarded by two governments — a federal government with specific and limited powers, and state governments with all other powers.

The Constitution reserves to the states an expansive power to police because that allows for law enforcement policies that reflect local circumstances and customs, and are responsive to the concerns of local citizens – which is exactly what Black Lives Matter and other protesters are now demanding in Portland and throughout the country.


This is republished from The Conversation under a Creative Commons license. Click here to read the original article.

Read More

Virginia voters will decide the future of abortion access

Virginia has long been a haven for abortion care in the South, where many states have near-total bans.

(Konstantin L/Shutterstock/Cage Rivera/Rewire News Group)

Virginia voters will decide the future of abortion access

Virginia lawmakers have approved a constitutional amendment that would protect reproductive rights in the Commonwealth. The proposed amendment—which passed 64-34 in the House of Delegates on Wednesday and 21-18 in the state Senate two days later—will be presented to voters later this year.

“Residents of the Commonwealth of Virginia can no longer allow politicians to dominate their bodies and their personal decisions,” said House of Delegates Majority Leader Charniele Herring, the resolution’s sponsor, during a committee debate before the final vote.

Keep ReadingShow less
What Really Guides Lawmakers’ Decisions on Capitol Hill
us a flag on white concrete building

What Really Guides Lawmakers’ Decisions on Capitol Hill

The following article is excerpted from "Citizen’s Handbook for Influencing Elected Officials."

Despite the efforts of high school social studies teachers, parents, journalists, and political scientists, the workings of our government remain a mystery to most Americans. Caricatures, misconceptions, and stereotypes dominate citizens’ views of Congress, contributing to our reluctance to engage in our democracy. In reality, the system works pretty much as we were taught in third grade. Congress is far more like Schoolhouse Rock than House of Cards. When all the details are burned away, legislators generally follow three voices when making a decision. One member of Congress called these voices the “Three H’s”: Heart, Head, and Health—meaning political health.

Keep ReadingShow less
Illustration of someone holding a strainer, and the words "fakes," "facts," "news," etc. going through it.

Trump-era misinformation has pushed American politics to a breaking point. A Truth in Politics law may be needed to save democracy.

Getty Images, SvetaZi

The Need for a Truth in Politics Law: De-Frauding American Politics

“Have you no sense of decency, sir, at long last?” With those words in 1954, Army lawyer Joseph Welch took Senator Joe McCarthy to task and helped end McCarthy’s destructive un-American witch hunt. The time has come to say the same to Donald Trump and his MAGA allies and stop their vile perversion of our right to free speech.

American politics has always been rife with misleading statements and, at times, outright falsehoods. Mendacity just seems to be an ever-present aspect of politics. But with the ascendency of Trump, and especially this past year, things have taken an especially nasty turn, becoming so aggressive and incendiary as to pose a real threat to the health and well-being of our nation’s democracy.

Keep ReadingShow less
Silence, Signals, and the Unfinished Story of the Abandoned Disability Rule

Waiting for the Door to Open: Advocates and older workers are left in limbo as the administration’s decision to abandon a harsh disability rule exists only in private assurances, not public record.

AI-created animation

Silence, Signals, and the Unfinished Story of the Abandoned Disability Rule

We reported in the Fulcrum on November 30th that in early November, disability advocates walked out of the West Wing, believing they had secured a rare reversal from the Trump administration of an order that stripped disability benefits from more than 800,000 older manual laborers.

The public record has remained conspicuously quiet on the matter. No press release, no Federal Register notice, no formal statement from the White House or the Social Security Administration has confirmed what senior officials told Jason Turkish and his colleagues behind closed doors in November: that the administration would not move forward with a regulation that could have stripped disability benefits from more than 800,000 older manual laborers. According to a memo shared by an agency official and verified by multiple sources with knowledge of the discussions, an internal meeting in early November involved key SSA decision-makers outlining the administration's intent to halt the proposal. This memo, though not publicly released, is said to detail the political and social ramifications of proceeding with the regulation, highlighting its unpopularity among constituents who would be affected by the changes.

Keep ReadingShow less