San Francisco Chronicle

Federal judge rejects state bid to restrict federal law officers

- By Gillian Flaccus and Sara Cline Gillian Flaccus and Sara Cline are Associated Press writers.

PORTLAND, Ore. — A federal judge on Friday denied Oregon’s request to restrict federal agents’ actions when they arrest people during chaotic protests that have roiled Portland and pitted local officials against the Trump administra­tion.

Federal agents deployed by President Trump to tamp down the unrest have arrested dozens during nightly demonstrat­ions against racial injustice that often turn violent. Democratic leaders in Oregon say federal interventi­on has worsened the twomonth crisis, and the state attorney general sued, alleging that some people had been whisked off the streets in unmarked vehicles.

U.S. District Judge Michael Mosman said the state lacked standing to sue on behalf of protesters.

Oregon was seeking a restrainin­g order on behalf of its residents not for injuries that had already happened but to prevent injuries by federal officers in the future. That combinatio­n makes the standard for granting such a motion very narrow, Mosman wrote.

A lawsuit from a person accusing federal agents of violating their rights to free speech or against unconstitu­tional search and seizure would have a much higher chance of success, said Michael Dorf, a constituti­onal law professor at Cornell University.

“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 as Trump moves to send U.S. officers to other Democratic­led 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, lesslethal ammunition that left one person critically injured and other force to scatter protesters.

The lawsuit from Oregon Attorney General Ellen Rosenblum accused federal agents of arresting protesters without probable cause and using excessive force. She sought a temporary restrainin­g order to “immediatel­y stop federal authoritie­s from unlawfully detaining Oregonians.”

A different federal judge late Thursday blocked U.S. agents from arresting or using physical force against journalist­s and legal observers at demonstrat­ions.

 ?? Noah Berger / Associated Press ?? Federal law officers use chemical irritants and projectile­s to disperse Black Lives Matter protesters in Portland, Ore.
Noah Berger / Associated Press Federal law officers use chemical irritants and projectile­s to disperse Black Lives Matter protesters in Portland, Ore.

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