The decision leaves in place a permanent injunction from November that blocked troops from deploying to Portland.
FILE – The James R. Browning United States Courthouse building, a courthouse for the 9th U.S. Circuit Court of Appeals, is seen in San Francisco on Jan. 8, 2020.
Jeff Chiu / AP
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The Trump administration no longer wants to appeal the decision of a federal judge in Oregon that blocked the president from deploying National Guard troops to Portland.
Attorneys for the U.S. Department of Justice told a federal appeals court last week they’re no longer interested in challenging the permanent injunction issued by U.S. District Court Judge Karin J. Immergut, which found the president’s attempt to send troops to Portland violated the Constitution.
Late Thursday, attorneys for Oregon, California and the City of Portland, who had previously won the case, indicated they too were ready to let the case go without a decision from the U.S. Court of Appeals for the 9th Circuit.
A panel of 11 judges had been preparing to hear oral arguments on the case in June in Seattle. For Immergut’s ruling to officially stand, those appellate judges still need to sign off on the Justice Department’s decision to drop the case.
Attorneys for the Trump administration used little more than a single sentence in its filing expressing the federal government’s desire to halt its appeal.
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Colleagues say Oregon judge who blocked Trump troop deployment is ‘well-respected’ and ‘has no fear’
The government’s reversal marks the end of a chapter, one that began on Sept. 27 when President Donald Trump announced he was sending 200 National Guard troops to Oregon’s largest city. The idea was to help guard federal properties, particularly the U.S. Immigration and Customs Enforcement facility in Portland that has been the site of ongoing protests.
Legal fights over the president’s domestic military deployment also played out in Los Angeles, Washington D.C. and Chicago, as the president pushed the bounds of executive power in court.
Trump’s efforts ultimately withered in Portland after Immergut found the Trump administration not only violated federal law, but also the 10th Amendment of the U.S. Constitution, one that preserves the rights of the states to hold powers not explicitly given to the federal government.
This is the decision the Trump administration appealed to the 9th Circuit in November. Those judges said that before the appeal moved forward, they wanted to wait to see how a similar case from Illinois would play out at the U.S. Supreme Court.
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Several weeks later, they got their answer when the Supreme Court blocked Trump’s efforts to send troops into Chicago.
In the case over Portland, attorneys for Oregon, California and the city indicated they would be willing to sign off on a dismissal too, so long as the 9th Circuit tells Immergut to monitor and enforce the 106-page permanent injunction she issued in November.
“In light of the President’s continued threats to send troops to Portland, the courts must stay involved,” Oregon Attorney General Dan Rayfield said in a statement. “If the Ninth Circuit chooses to dismiss the appeals, it should instruct the district court to keep monitoring and enforcing the permanent injunction in this case — to make sure that the President follows the law.”
Even after the Supreme Court ruling in Illinois, Trump has continued to express his willingness to use the military in American cities, and Portland in particular.
“We can go back,” Trump told reporters about Portland on Jan. 4, while aboard Air Force One. “We’re allowed to go back in.”
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CURRY COUNTY, Ore. (KPTV) – A Texas man wanted for child sex crimes was arrested in Curry County on Tuesday afternoon.
The Curry County Sheriff’s Office says Kenneth Leatherwood of Bastrop, Texas, was arrested with the help of Oregon State Police and U.S. Marshals just after 12:30 p.m.
Kenneth Leatherwood(Curry County Sheriff’s Office)
Leatherwood, who is accused of sex-related crimes involving a child in Texas, was reportedly found camping in a heavy wooded area near Lucas Lodge in Agness.
Investigators say Leatherwood has been on the run from Curry County law enforcement since June 16 after reports that he had been seen with a stolen car in the Agness area.
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Leatherwood was also believed to have stolen weapons with him.
His dog was also found and returned to the suspect’s family in good shape, according to the sheriff’s office.
PORTLAND Ore. (KPTV) – Fireworks are on sale in Oregon until July 6, but state and local rules limit where they can be used and what types are allowed.
In Portland, fireworks use and sales are banned year-round.
Fireworks are also banned on beaches and in state and national parks.
Statewide, fireworks that fly into the air, explode, act unpredictably or move more than 12 feet horizontally are illegal. Banned fireworks include sky lanterns, missiles, rockets, Roman candles, firecrackers, cherry bombs and M-80s.
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Fountains, sparklers, ground spinners and smoke devices are among the fireworks allowed under state rules.
Officials said people should not call 911 to report illegal fireworks. They said reports should go to the non-emergency line for the area.
First responders said there were 263 fires across Portland during last year’s fireworks season, and 27 were caused by fireworks.
For more details about fireworks regulation in Oregon, click here.
In Washington, fireworks sales legally begin Sunday and run through July 4.
GEARHART, Ore. (KATU) — Another gray whale washed up on the Oregon coast last week, this time in Gearhart, according to Seaside Aquarium.
The 41-foot-long male had been dead for months before washing up on the beach, Seaside Aquarium general manager Keith Chandler said.
He noted that there have been 19 total whale strandings or carcasses washing up on beaches just this year on the Oregon coast region.
The Cascadia Research Collective is reporting at least 30 on Washington coastline alone. | TIMELINE
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Of those deaths, more than half were at least partially attributed to malnutrition. That could have been the cause in more strandings, however, necropsies were not performed in roughly a dozen of the 30 strandings.
Chandler said strong wind from the west this year has been contributing to why coastal towns are seeing a lot of whales and other things washing up on shore. However he also noted that many of the Grey whales washed ashore were emaciated with necropsies showing signs of malnourishment.
“The food sources have been compromised. The warmer water means the nutrients that they’re getting aren’t as good, so the whole food chain is kind of not as healthy,” Chandler said.
He pointed to the warming waters with climate change as the main reason noting that warm water plankton–Grey Whale’s main food source–is thinner and has fewer nutrients than plankton in cooler waters.
Chandler says this whale will not have a necropsy done because of its level of decomposition.
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“The fresher ones, the team from Portland State [University] will come down and they’ll go in and do measurements, take samples and stuff, measurements of the internal organs. But on one this decayed, you won’t gain anything from it scientifically. And it’s just kind of a mess to do when they’re this rotten,” he said.
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You can report a whale stranding to the West Coast Marine Mammal Stranding Network Hotline by calling 1-866-767-6114.
