PORTLAND, Ore. — A U.S. judge on Friday denied an order sought by Oregon’s top law enforcement officer to restrict federal agents’ actions when they arrest people during nightly protests that have roiled Portland and pitted local officials against the Trump administration.
Demonstrators in the progressive city have taken to the streets to oppose racial injustice since George Floyd’s death by Minneapolis police two months ago, and they have often spiraled into violence. President Donald Trump said he sent in federal agents early this month to quell the unrest despite outcry from Democratic leaders in Oregon. Federal agents have arrested dozens of people.
U.S. District Judge Michael Mosman said the state lacked standing to sue on behalf of protesters because of the lawsuit was a “highly unusual one with a particular set of rules.”
The state sued on behalf of its residents and was seeking a restraining order not for injuries that had already happened but to prevent injuries by federal agents in the future. That combination makes the standard for granting such a motion very narrow, and Oregon did not prove it had standing in the case, Mosman wrote.
Legal experts who reviewed the case before the ruling warned that he could reject it on those grounds. A lawsuit from an individual who alleged federal agents violated their freedom of speech or rights against unconstitutional search and seizure would have a much higher chance of success, Michael Dorf, a professor of constitutional law at Cornell University, said ahead of the ruling.
“The federal government acted in violation of those individuals’ rights and probably acted in violation of the Constitution in the sense of exercising powers that are reserved to the states, but just because the federal government acts in ways that overstep its authority doesn’t mean the state has an injury,” he said.
The clashes in Portland have further inflamed the nation’s political tensions and triggered a crisis over the limits of federal power in states as Trump moves to send U.S. officers to other Democratic-led cities to combat crime. It’s playing out as Trump pushes a new “law and order” reelection strategy after the coronavirus crashed the economy.
Protesters in Portland have been targeting the federal courthouse, setting fires outside and vandalizing the building that U.S. authorities say they have a duty to protect. Federal agents have used tear gas, less-lethal ammunition that left one person critically injured and other force to scatter protesters, and they have made arrests.
Oregon Attorney General Ellen Rosenblum sued the Trump administration last week, alleging federal agents have arrested protesters without probable cause, whisked them away in unmarked cars and used excessive force. U.S. authorities deny those accusations.
She sought a temporary restraining order to “immediately stop federal authorities from unlawfully detaining Oregonians.”
David Morrell, an attorney for the U.S. government, called the motion “extraordinary” and told the judge in a hearing this week that it was based solely on “a few threadbare declarations” from witnesses and a Twitter video. Morrell called the protests “dangerous and volatile.”
Before the aggressive language and action from federal officials, the unrest had frustrated Mayor Ted Wheeler and other local authorities, who had said a small cadre of violent activists were drowning out the message of peaceful protesters.
