Oregon U.S. District Judge Karin J. Immergut on Wednesday extended her two temporary restraining orders that barred President Donald Trump from deploying Oregon National Guard members - or any National Guard members - to Portland for another two weeks.
Yet all sides still await a ruling from the 9th U.S. Circuit Court of Appeals on whether her initial order will stand and the 400 National Guard troops currently mobilized from Oregon and California can be deployed to Portland.
Here’s what we know.
A ruling expected any time
On Oct. 8, a three-judge panel of the 9th Circuit granted a brief administrative hold on Immergut’s initial restraining order, ruling that the Oregon troops may remain under federal control but cannot deploy to Portland while the panel deliberates on the case.
But the federal government has not yet challenged Immergut’s second and broader temporary restraining order – the one barring the deployment of any National Guard troops. And if the 9th Circuit does overturn Immergut’s initial order – a decision is expected any time - the process to resolve the second could still delay any deployment of troops in Portland.
It’s complicated.
If the 9th Circuit blocks Immergut’s initial restraining order, Immergut said she would likely dissolve it and the extension.
Michael Gerardi, senior trial counsel for the U.S. Department of Justice’s Civil Division, told Immergut Wednesday that the federal government would also ask her to dissolve the broader restraining order if the 9th Circuit rules in its favor. He argued that the second order was based on the same conclusions that supported the first order.
Immergut said the federal government should make that request within 48 hours of any 9th Circuit decision. The 9th Circuit could extend its authority and put holds on both temporary restraining orders, but the panel of judges did point out that the government had failed to appeal the broader restraining order during oral arguments last Friday.
Read more about it here:
Why we costume:
Some of the most viral images to come from the protests outside the U.S. Immigration and Customs Enforcement building in South Portland have also been the silliest: protesters dressed as zebras, frogs, unicorns, chickens and clowns.
The absurdist protesting tactic has become a key to countering President Trump’s narrative that Portland is “war-ravaged” and that protesters pose any real threat. The approach has since been adopted by demonstrators in other cities.
A contingent of Portland protestors have now launched their own website, operationinflation.com, where visitors are invited to contribute $35 to “provide an inflatable costume for a True American.™”
“When you have people in inflatables bouncing around … it’s going to be very difficult to say this was a war zone, this was a riot,” said the website’s organizer, a livestreamer named Jordy. “It de-escalates with ICE, it de-escalates with protesters, it de-escalates with counter-protesters — and, ironically enough, the pepper balls bounce right off.”
The show goes on
Activity around the ICE building in South Portland maintained the same relatively low-key vibe Wednesday evening as it has in recent days.
At 6 p.m., there were perhaps 40 people on scene. Drivers honked. A helicopter passed low and slow. And federal officers observed from the roof.
A Portland police officer tried to gauge the interest of one protester, dressed as a unicorn, in joining the force: “You could write speeding tickets,” the officer suggested.
An hour later, the crowd had grown to about 70 people, 25 of them in inflatable costumes dancing to “Who Let the Dogs Out.” Counter-protesters’ presence was very limited.
Crowds had grown to perhaps 100 people by 7:45 p.m. Federal officers made a few sorties from the building to let cars in and out. Protesters responded by blasting “The Imperial March,” the Darth Vader theme song from “Star Wars.” There were some heated verbal exchanges, but no use of force by the officers.
A Street Roots vendor who goes by the name Dumpsta Dave says he has been at the protests every night. “I’ve seen it become more like a party than a tense confrontation. I’m proud of Portland.”
What we’re watching for today
Portland leaders aim to combat ‘aggressive federal overreach,’ bolster city’s sanctuary status
Band member accused of interfering with arrest of another during Portland ICE protest, feds allege
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