‘More than the Guard’: 9th Circuit reblocks Portland deployment

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Transcript

00:00We have cities that are troubled. We can't have cities that are troubled.

00:03And we're sending in our National Guard, and if we need more than the National Guard,

00:08we'll send more than the National Guard because we're going to have safe cities.

00:11That vow delivered to U.S. troops in Japan lands as the Ninth Circuit pauses his Portland plan.

00:18On Tuesday, the appellate court granted in-bank review, vacated last week's 2-1 ruling that

00:24favored the administration and reinstated Judge Karen Emmergut's order blocking deployment of

00:31the Oregon National Guard while 11 judges take a fresh look.

00:37Oregon's attorney general called it a win for state sovereignty.

00:42The administration argues it needs troops to protect the Portland ICE facility.

00:47Starting Wednesday, U.S. District Judge Karen Emmergut

00:50opened a three-day trial to test whether the administration met the law and the Constitution

00:56when it moved to call up the Guard to protect a Portland ICE facility.

01:02Justice Department lawyers say assaults on federal officers and damage at the site justify action.

01:09Oregon and California argue sporadic, unlawful conduct doesn't meet the legal threshold

01:14and should be handled by civilian policing, not troops.

01:18A key data point changed on the eve of trial.

01:21The government corrected its filings to say about 86 federal protective service officers,

01:26not 115, rotated to Portland in month-long waves of up to 30 at a time and said it deeply regrets the errors.

01:36The restraining order stays in place while the bigger Ninth Circuit panel

01:40weighs the president's authority and states' rights.

01:44For Straight Arrow News, I'm Cara Rucker.

01:46For more stories that matter to you, download the Straight Arrow News mobile app today.