A federal judge overseeing a lawsuit challenging President Donald Trump’s deployment of Oregon National Guard troops to Portland has agreed to recuse himself after the U.S. Department of Justice submitted arguments questioning his ability to remain impartial.
According to Oregon Public Broadcasting, the Justice Department noted that U.S. District Judge Michael Simon’s wife, Suzanne Bonamici, is a Democratic representative in Congress.
Attorneys for the Trump administration acknowledged that, while they believe Simon would likely exercise professional discretion were he to hear the case, the optics could present challenges if the case is decided against the government.
“To be sure, Defendants recognize that Judge Simon and Representative Bonamici speak for themselves, not for each other,” the Justice Department said. “Nonetheless, the unique factual, legal, and political role that Judge Simon’s spouse has played in the central events of this lawsuit may create the appearance of partiality.”
Simon responded by issuing a brief order, stating that he “does not believe that recusal is required under either federal law” or any professional ethics code. However, Simon said that, “because it is necessary that the focus of this lawsuit remain on the critically important constitutional and statutory issues presented by the parties,” he will recuse himself from the case.
Simon judge noted the Justice Department raised the issue three days after an initial hearing and less than 24 hours before a hearing Friday on a restraining order to block the deployment.
In its request, the Justice Department cited a letter co-signed by Simon’s wife, Rep. Bonamici, and other Democratic congresspeople.
“We write to reject your decision to deploy troops to Portland, Oregon,” the letter states. “We urge you to rescind this decision, and withdraw any military personnel and federal agents you have recently sought to deploy.”
Additionally, in a recent news conference, Bonamici publicly contested the administration’s allegations that there is anything resembling an emergency in Portland. In public, the White House has justified its deployments claiming that protests outside of a U.S. Immigration and Customs Enforcement have ravaged the city and turned it into a veritable “warzone.”
“I was at the ICE facility a couple of days ago,” Bonamici said Saturday. “I was in Portland yesterday on the east side for a meeting and last night for an event. Nowhere did I see one single indication that we need military troops here. I strongly oppose this action by the president.”
Sources
Judge agrees to recusal in Oregon National Guard lawsuit after Trump Justice Department complaint
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