UPDATED: A judge blocked the Trump administration from sending California National Guard troops to Oregon.
U.S. District Judge Karin Immergut granted a temporary restraining order that prohibits the deployment of federalized National Guard members in Oregon. The order is in effect through Oct. 19.
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California Governor Gavin Newsom said on Sunday that the Trump administrationwas sending 300 California National Guard troops to Oregon, even after Immergut had earlier put a halt to the president’s plan for deployment in that state.
The state of California joined with the state of Oregon to file a lawsuit asking the judge to block the move.
In a statement, Newsom said, “In response to a federal court order that blocked his attempt to federalize the Oregon National Guard, President Trump is deploying 300 California National Guard personnel into Oregon. They are on their way there now. This is a breathtaking abuse of the law and power. The Trump Administration is unapologetically attacking the rule of law itself and putting into action their dangerous words — ignoring court orders and treating judges, even those appointed by the President himself, as political opponents.”
On Saturday, Immergut granted a temporary restraining order to block the Trump administration from their plans to federalize and deploy 200 state National Guard troops to Portland.
Immergut, a Trump appointeee, wrote that “this is a nation of Constitutional law, not martial law. Defendants have made a range of arguments that, if accepted, risk blurring the line between civil and military federal power—to the detriment of this nation.”
In a hearing late on Sunday, Immergut pressed a Justice Department official on why the plan to send California troops to Oregon wasn’t merely “circumventing” her earlier order, per CNN.
A White House spokesperson did not immediately respond to a request for comment on Newsom’s remarks.
Stephen Miller, White House deputy chief of staff, wrote after the judge’s decision, “Legal insurrection. The President is the commander-in-chief of the Armed Forces, not an Oregon judge. Portland and Oregon law enforcement, at the direction of local leaders, have refused to aid ICE officers facing relentless terrorist assault and threats to life. (There are more local law enforcement officers in Oregon than there are guns and badges in the FBI nationwide). This is an organized terrorist attack on the federal government and its officers, and the deployment of troops is an absolute necessity to defend our personnel, our laws, our government, public order and the Republic itself.”
In June, despite the opposition of Newsom, Trump federalized the California National Guard and deployed troops in Southern California. Newsom’s office said that the 300 troops being sent to Oregon had been previously federalized for deployment in Los Angeles.
Last month, a federal judge in California blocked Trump’s use of the National Guard in Los Angeles and surrounding areas. The judge ruled that the Trump administration was in violation of the Posse Comitatus Act, which bars the use of the military to execute domestic law. The ruling was stayed as the administration appeals.
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