“Oregon communities are stable, and our local officials have been clear: we have the capacity to manage public safety without federal interference,” Oregon Attorney General Dan Rayfield in a statement.
Oregon is pushing back against President Donald Trump’s plans to deploy the National Guard against the city of Portland, claiming that the proposed 60-day activation is inherently unlawful.
According to OPB.org, the Trump administration remanded at least 200 members of the Oregon National Guard to federal service on Sunday. In a memo sent to state Gov. Tina Kotek, the U.S. Department of Defense said that the Guard will be used to protect federal property “where protests are occurring or [are] likely to occur.”
Hours later, the state signaled that it would not accept the president’s orders without resistance.
The lawsuit alleges that Trump lacks the authority to unilaterally and freely “federalize” the National Guard. California is currently litigating a similar claim against the administration, which deployed troops to Los Angeles amid a spate of anti-immigration-enforcement protests.
“Oregon communities are stable, and our local officials have been clear: we have the capacity to manage public safety without federal interference,” Oregon Attorney General Dan Rayfield in a statement.
Rayfield claims that, despite the authoritative and fear-mongering tone of Trump’s rhetoric, activated National Guard personnel would have no mission beyond guarding a single federal facility.
“Sending in 200 National Guard troops to guard a single building is not normal,” he said.
“If you had a concern about safety at your own home, you’d make a few calls and fill the gaps—not call in an army,” Rayfield added. “What we’re seeing is not about public safety, it’s about the President flexing political muscle under the guise of law and order, chasing a media hit at the expense of our community.”
Trump’s own words do little to contradict Rayfield’s.
On Saturday, Trump took to social media to tell his supporters that he has directed former Fox News anchor and current U.S. Secretary of Defense Pete Hegseth to send “all necessary Troops to protect War ravaged Portland, and any other ICE Facilities under siege from attack by Antifa, and other domestic terrorists.”
State and local officials, though, insist that there is no emergency in Portland or elsewhere in the state.
“When the president and I spoke yesterday, I told him in very plain language that there is no insurrection or a threat to public safety that necessitates military intervention in Portland or any other city in our state, despite this, and with all evidence to the contrary, he has chosen to disregard Oregonian safety and ability to govern themselves,” state Gov. Kotek said in a Sunday press conference.
Kotek noted that, while there have been protests outside a Portland-area federal city, state police and federal law enforcement are more than capable of keeping a handle on the situation.
“And when people cross the line […] there’s unlawful activity, people are being held accountable,” she said.
Portland’s police department told CBS News that there has been an “almost constant protest down at the ICE facility in South Portland,” but made no note of any recent arrests.
“The protest numbers have waxed and waned over time,” a department spokesperson said. “Last night, there were some people down there, and there are more tonight.”
Kotek levied an increasingly-common accusation against Trump: that his use of the National Guard, against individual states’ needs and wishes, has much more to do with expanding the president’s power than keeping anyone safe.
“We are all concerned, across our country, that this is an abuse of power,” Kotek said, “and we are all trying to figure this out together.”
Sources
Kotek, Rayfield sue over federal troops in Portland
Oregon sues Trump administration over plans to send troops to Portland
Trump administration authorizes 200 National Guard members for Portland deployment
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