Trump Administration's National Guard Deployment Plans in Portland Faces Rehearing

The Ninth Circuit Court of Appeals announced it will reconsider its decision on deploying National Guard troops in Portland after the Trump administration admitted to overstating the number of Federal Protective Service officers in the city. The decision means the Trump administration will continue to be barred from deploying the National Guard to Portland, despite the president's urging for the Supreme Court to intervene. The court's original decision had frozen a temporary restraining order issued by US District Judge Karin Immergut, blocking the Trump administration from deploying Oregon's National Guard in Portland.

Key Takeaways:

• The Ninth Circuit Court of Appeals agreed to an en banc rehearing, where a new set of 11 judges will reconsider the case, reversing the original decision made by a three-judge panel.
• The Trump administration's admission to overstating the number of Federal Protective Service officers in Portland calls into question a key part of the president's justification for deploying the guard.
• The actual number of FPS agents sent to Portland was 86, with only 65 being "inspectors" whose primary job is providing security, as revealed in a Monday letter to the court by Justice Department attorney Andrew M. Bernie.
• The plaintiffs in the case, Oregon and Portland officials, cited the conflicting numbers in Trump administration filings, showing a maximum of 31 FPS officers in the field at any one time.
• The decision to reconsider the case does not rely solely on the number of agents, as the statute does not limit the facts and circumstances that the President may consider in deciding whether ordinary agents cannot enforce federal law without military help.
• The Trump administration's admission to errors in their testimony raises concerns about the reliability of their claims and the justification for deploying the National Guard.

Statistics:

• 115: The original number of Federal Protective Service officers cited by Trump administration attorneys as having to deploy to Portland.
• 86: The actual number of FPS agents sent to Portland, revealed in a Monday letter to the court by Justice Department attorney Andrew M. Bernie.
• 65: The number of "inspectors" whose primary job is providing security among the 86 FPS agents sent to Portland.
• 31: The maximum number of FPS officers in the field at any one time, cited by the plaintiffs in the case.
• 4 days: The amount of time the Trump administration will continue to be barred from deploying the National Guard to Portland since the original decision was made.
• October 20: The date of the Ninth Circuit Court of Appeals' original decision freezing the temporary restraining order issued by US District Judge Karin Immergut.

Sources:

• CNN: "Ninth Circuit Court of Appeals agrees to rehear case on Trump's National Guard deployment plan"
• The New York Times: "Trump Administration Admits to Errors in Justification for Deploying Guard to Portland"
• Oregon Attorney General's Office: Letter to the court, October 28, 2020
• US Department of Justice: Letter to the court, October 28, 2020