Legal Clash & Powder Keg
As the protests heat up, the legal issues mount. The standoff against the federal officers is not just with the protestors but also local officials. We are witnessing a clash between federal and state/local law.
Wed. 7/22
The Portland City Council voted unanimously to cease any cooperation between city law enforcement and federal agents. The Portland Police are barred from providing any operational support, sharing or receiving information with the federal officers, or policing protests alongside them. A federal officer that was stationed in the Portland Police command post has been removed.
Portland city attorneys sent a cease-and-desist letter to the federal government threatening fines for erecting the metal fence surrounding the downtown federal courthouse without a permit or city approval. The letter states, “the fencing and barriers in the right of way create a hazard for Portlanders by blocking the bike lane . . . .”
Thurs. 7/23
U.S. District Court Judge Michael H. Simon issued a temporary restraining order against federal officers. The media and legal observers had filed suit claiming that the federal officers were targeting them. Judge Simon ruled that federal officers are barred from arresting, threatening to arrest or using physical force against someone they reasonably know is a journalist or legal observer, unless they have probable cause to believe that that person has committed a crime. Journalists and legal observers are also not required to follow orders to disperse. Judge Simon previously imposed similar limitations on Portland Police.
The Portland Fire Bureau announced that it will not permit any law enforcement to use city fire stations as a base for tactical operations. Its decision applies to city as well as federal officers, as it accused the city of lying to the public about the fire bureau’s level of cooperation with federal authorities.
Fri. 7/24
Oregon Attorney General Ellen Rosenblum lost her request for a temporary restraining order against federal officers. U.S. District Judge Michael Mosman ruled that the state lacks standing to bring the suit. In other words, the Court ruled that, as opposed to individuals, the state of Oregon has not been harmed by the seizing and detaining of individuals without probable cause, as alleged in the lawsuit.
Mon. 7/27
The federal government indicated that it will send additional federal officers to Portland. The U.S. Marshals Service announced that it will send 100 additional deputy marshals, and the Department of Homeland Security is considering sending 50 additional Customs and Border Protection personnel.
Seems Otto von Bismarck’ s quote applies:
“Europe [Portland] today is a powder keg and the leaders are like men smoking in an arsenal . . . . A single spark will set off an explosion that will consume us all . . . . I cannot tell you when that explosion will occur, but I can tell you where . . . . Some damned foolish thing in the Balkans [downtown area] will set it off.”