Donald I, emperor of the world.

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secretsqirrel

secretsqirrel

Active Member
briantrumpet said:
You can make your own mind up whether Trump is losing it.

https://bsky.app/profile/atrupar.com/post/3m2hxnxhky42q
Click to expand...

losing?
 
briantrumpet

briantrumpet

Guru
The Trump-appointed judge who put a 'TRO (temporary restraining order) on Trump deploying Oregon National Guard Troops to Portland has now issued another one stopping Trump from sending them from any state, after Trump ordered first Californian ones to go in, then Texan. They are just so desperate to terrorise Democrat-controlled cities before the midterms.
 
briantrumpet

briantrumpet

Guru
briantrumpet said:
The Trump-appointed judge who put a 'TRO (temporary restraining order) on Trump deploying Oregon National Guard Troops to Portland has now issued another one stopping Trump from sending them from any state, after Trump ordered first Californian ones to go in, then Texan. They are just so desperate to terrorise Democrat-controlled cities before the midterms.
Click to expand...

It's pretty clear that the judge was pissed off by Trump trying to circumvent her first TRO.

NEW: Judge Immergut - a trump appointee - has called an emergency hearing tonight because the administration appears to have tried to circumvent her order by calling in the California guard after she blocked the Oregon guard deployment with a temporary restraining order yesterday. 1/

The judge says she understands that the administration has now called up the California and Texas National guard to Oregon since she issued her temporary restraining order. "I want to give Mr. Hamilton a chance to respond to the plaintiff's TRO." 2/

Hamilton (for the government): he says that he's relocating members of the CA NG. JUDGE: how could bringing in CA NG from california NOT be in direct contravention to my TRO yesterday? 3/

HAMILTON: Your order was for the Oregon National Guard JUDGE: Mr. Hamilton, You're an officer of the court. Isn't this not circumventing my order? HAMILTON: Well, the CA NG memo is about CA NG only. And 12406 acknowledges that any state may be called upon to respond to wherever needed. 4/

JUDGE: MR HAMILTON. You are MISSING my point. There is no change on the ground in Portland. What's the authority for what you're doing? HAMILTON: 12406 hasn't been used much in history so ... JUDGE: Tell you what. Why do you think it's not been utilized? 5/

HAMILTON: POTUS decided in June that the CA NG needed to be fedralized to respond ... JUDGE: MR HAMILTON. If it were the case where you could bring up the guard and send them to a place to where conditions are needed, you'd need to have a colorable argument that it's required. 6/

The judge reminds Hamilton AGAIN that he is an officer of the court. JUDGE: anything else? HAMILTON: yes your honor. We don't think they have standing nor can they state irreparable harm 7/

So basically, DOJ is arguing that Trump activating the CA NG in June allows him to send them wherever he wants. And the judge is saying that she ruled the Guard isn't needed in Oregon whether the Guard is from CA or OR. 8/

Kennedy responds for Oregon: I wanna note the info we received about the transfer of TX NG, the memo we filed just before the hearing is the one we reserved just minutes before our scheduled hearing. 9/

That memo raises an additional issue that we're playing a game of whack-a-mole because your honor ruled that there's no reason to deploy the OR guard, so they deployed the CA NG, and after we filed our oppostition to that, they called the TX NG... 10/

So I think we need to broaden the ruling to any state national guard or the DC NG to combat the gamesmanship. JUDGE: The defendents have sought a stay of my TRO, if the 9th circuit stays it in the Oregon case, what's the consequence if I grant this TRO? 11/

KENNEDY: There's an independent issue that the CANG was federalized for the conduct in LA back in June. That issue has been addressed by courts in CA. 12/
RILEY for CA: the effect of a 9th circuit stay on your order yesterday, we don't see it would create a jurisdictional conflict. This new TRO would be based on our new request which is based on new information. 13/

JUDGE: What about Hamilton arguing there's no standing or irreperable harm What's your harm for CA First is the injury to our sovereign rights. Our soldiers would be unwilling participants in an unlawful mission. It also undermines state police powers because our guard is being commandeered. 14/

Another harm is they'd be taking our troops away from emergency disaster responses in CA. There'd be logistical hurdles to get them back from OR in case of an emergency. KENNEDY: For OR, the harm is the same as we discussed Friday. OR has a sovereign interest in handling law enforcement. 15

JUDGE: Again, this is an emergency hearing with limited briefing. No new information has been provided about issues in Portland, so for all of the reasons stated in my prior opinion, I GRANT plaintiffs second motion for a TRO. 16/

JUDGE: It seems to me because of the conduct of the government, I see the actions are in contradiction to my order, so I'm going to grant a new scope of the order...17/

JUDGE: I'd prefer not to modify my original order, but i'm troubled about CA and TX NG being sent to Oregon, it think it violates 12406 and the 10th amendment but I'm concerned about modifying the scope of my order yesterday. KENNEDY: I think an order with a broader scope would be appropriate. 18/

JUDGE: So not a modification, it's a new TRO that prohibits the deployment of ANY national guard to OR. Is that sufficient? KENNEDY: Yes RILEY: Yes, your honor. We agree it's the appropriate scope for a 2nd TRO. TURKO: The City agrees. 19/

Hamilton isn't done for the government: He wants to know what the judge says about the government's motion for a stay. JUDGE: I deny those requests. Hearing is adjourned. END/
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CXRAndy

CXRAndy

Squire
The government has already as of Saturday appealed both recent decisions by Judge Karin Emmergut to the 9th circuit appeals court.

Let's see the outcome :okay:

Edit
This fits a pattern, as the administration has successfully appealed similar blocks in California to the 9th Circuit
 
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