Judge Issues Second Order Against Sending Guard to Portland
She was not amused by the administration's workaround.
POLITICO (“Judge blocks Trump’s National Guard deployment in Portland for second time“):
A federal judge has, for the second time in two days, blocked President Donald Trump from sending National Guard troops into Oregon, ruling that the administration appeared to defy her Saturday order that Trump lacked a legal basis for sending the military into Portland.
U.S. District Judge Karin Immergut said Sunday that the administration’s effort to circumvent her original order — in part by deploying Guard troops from California and Texas — was “in direct contravention” of her earlier decision, which prohibited Trump from federalizing 200 members of Oregon’s National Guard.
Though Trump had claimed the military was needed to combat daily violence against federal immigration officials, Immergut, a Trump appointee, concluded that Trump’s assessment was “untethered to facts” and failed to satisfy the legal basis to federalize the state’s National Guard troops.
Within hours of her ruling, however, Defense Secretary Pete Hegseth ordered hundreds of members of California’s National Guard to deploy to Portland and reached an agreement with Texas to send hundreds of that state’s National Guard troops to Chicago, Portland and other areas of the country.
Almost 200 California Guard troops arrived or were expected in Portland on Sunday, according to Alan Gronewold, the commander of Oregon’s National Guard. California Guard officials were told 300 of their personnel were being sent to Portland, although a Justice Department attorney said only 200 of those troops were dispatched to Oregon and the remainder would stay in California.
During an unusual Sunday night telephone hearing, Immergut said the Trump administration’s maneuvers appeared to be a deliberate attempt to circumvent her initial decision.
“I am certainly troubled by now hearing that both California and Texas National Guard are being sent into Oregon, which does appear to be in direct contravention of my order,” Immergut said, describing the latest deployments as a violation of federal law and the Tenth Amendment, which protects state sovereignty.
Immergut agreed with attorneys for California and Oregon, who said the new deployments appeared to be intended to outrun the court. She repeatedly pressed Justice Department attorney Eric Hamilton about whether he believed the administration had complied with her order.
“You are missing the point,” she scolded, as Hamilton noted the judge’s Saturday order only applied to Oregon troops.
I suppose there’s something to be said for finding a workaround to the original order rather than defying it outright. But it’s hard to argue that mobilizing troops from other states’ Guard units complied with an order that dismissed the very basis of the original deployment orders.
While the President is immune from Immergut’s orders (and, remember, she was appointed to the bench by Trump in his last administration), the Secretary and other officials are not. And she seems to be legitimately annoyed to have been forced to issue a second order on a Sunday evening.
Apparently this is what happens next:
The temporary restraining order is set to expire on October 18, 2025.
A hearing to potentially extend the order for another two weeks is set for October 17.
The court has scheduled a hearing for October 29 to consider a preliminary injunction, which would be a more permanent block on the deployment.
The Trump administration has indicated that it will appeal the ruling. They expect the 9th Court of Appeals to rule quickly. But why? If I were a judge, I would want to drag it out. Especially if you are afraid of a compliant Supreme Court.
“Untethered to facts,” could go on Trump’s grave. And the sooner the better.
Instead of just scolding Justice Department lawyers who are being dishonest, these district court judges need to initiate contempt proceedings. Yeah, they are following orders from Bondi and other Trump henchmen, but violating (circumventing is too charitable a description) both court orders and the Rules of Professional Conduct has to have consequences. One attorney advocacy group (Lawyers Defending American Democracy) has filed a complaint with the Florida State Bar against Bondi* for putting her subordinates in a position where they have to violate their legal and ethical obligations in order to keep their jobs. {The FL Bar refused to follow up on the case and LDAD has appealed to the Florida Supreme Court to force action.} Jailing some DoJ line attorneys might get Bondi’s attention. Otherwise, Trump will continue to play stall ball while violating Posse Comitatus and the 10th amendment.
*Bondi was first, and remains, licensed in Florida.