Karin J. Immergut (L) and Richard A. Hertling (R), nominated to be a U.S. district judge for the District of Oregon and a judge of the U.S. Court of Federal Claims respectively, are sworn in during a judicial nomination hearing held by the Senate Judiciary Committee October 24, 2018, in Washington, DC. (Win McNamee/Getty Images)
TRUMP TEAM URGES OREGON JUDGE TO END RESTRAINING ORDER BLOCKING NATIONAL GUARD
Ultimately, she assessed the Trump administration’s actions and found the government’s justification lacking.
"Based on the trial testimony, this Court finds no credible evidence that during the approximately two months before the President’s federalization order, protests grew out of control or involved more than isolated and sporadic instances of violent conduct that resulted in no serious injuries to federal personnel," she wrote.
The judge further concluded that the president "likely did not have a colorable basis" to invoke either Section 12406(3) or Section 12406(2) to federalize and deploy the National Guard to Portland's ICE facility.
Immergut pointed to testimony from local law enforcement – officials who had firsthand knowledge of demonstrations – as key to her conclusion that the protests did not amount to a rebellion.
Law enforcement officers stand guard outside the U.S. Immigration and Customs Enforcement (ICE) headquarters, after U.S. District Judge Karin Immergut on Sunday temporarily blocked U.S. President Donald Trump's administration from sending any National Guard troops to police Portland, in south Portland, Ore., Oct. 5, 2025. (Carlos Barria/Reuters)
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She added that sending in troops from one state into another infringes on state sovereignty, describing it as "an injury to Oregon’s sovereignty under the Constitution, and Oregon’s equal sovereignty among the States."
The judge said she expects to issue her final opinion on the merits by Friday, Nov. 7, 2025, by 5 p.m. PT. Until then, "the Oregon National Guard may remain federalized, but not deployed."
https://www.foxnews.com/politics/chatgpt-said-judge-blocks-trump-national-guard-deployment-portland-citing-lack-justification