The wait has now begun to see when and how a federal appeals court will rule on Oregon U.S. District Judge Karen J. Immergut’s temporary order barring the deployment of Oregon National Guard troops in Portland. The order remains in effect for now while the court deliberates.
Here’s what we know.
Some 9th Circuit judges seem skeptical of Oregon judge’s decision
At least two Trump-appointed judges on a three-judge panel of the 9th U.S. Circuit Court of Appeals appeared ready Thursday to lift an order barring the Trump administration from sending Oregon National Guard troops to Portland.
The three judges (the third judge was appointed by President Bill Clinton), asked a lot of questions, including about the definition of rebellion, whether they should consider historical examples of rebellions and what document Trump relied on to authorize the Guard deployment here.
It’s not clear when the 9th Circuit panel will issue its ruling, but it will likely come before an Oct. 17 hearing on whether U.S. District Judge Karen Immergut should extend her restraining order for another 14 days.
The truth is out there
The Oregonian/OregonLive fact-checked seven suspect claims made at President Trump’s antifa roundtable earlier this week that featured prominent administration officials and independent journalists with right-wing viewpoints.
We found: Portland is not on fire or bombed out.
Fact: Portland Fire & Rescue responded to four calls about fires near the ICE building since June 6, according to fire department data.
Fact: The last recorded bomb to explode near Portland was 2008.
Read more about what they said and what we found.
Costumes come out at night
Our reporters at the ICE building Thursday night counted several frogs, a unicorn, a polar bear, an axolotl, a raccoon, a peacock, a shark and a cat among about 100 regularly dressed people.
The nightly protest proved uneventful as darkness fell and protesters and counter-protesters started to gather.
The herd of animal costumes stood out. Or was it a flock?
A helicopter circled. People used megaphones to yell at federal officers, who congregated for hours on the building’s lower rooftop and pointed what appeared to be pepperball guns at the crowd as other officers let cars in and out of the small gated compound.
The rooftop officers used their pepperball guns several times when protesters got particularly close to the officers on the ground.
A noticeable difference this night: The federal officers didn’t carry the clear shields that have been a typical piece of their riot gear whenever they face the crowd. They also gave warnings when they came out of the building and multiple officers wore no face coverings or gas masks when they came out.
Federal officers detained three people, including a counter-protester, and brought them inside the building as some in the crowd lined up toe-to-toe with them. Others pulled out their phones to record the action.
One of the officers loudly warned about trespassing and pointed out the area considered out of bounds.
Counter-protesters about a block away milled around a prominent right-wing streamer, Thomas Allen, who had been barred by a court order from coming within 200 feet of the ICE building. Portland police arrested Allen, 36, on a warrant.
Police also arrested a Portland man — 32-year-old Harold Smith — on allegations of harassment, the Portland Police Bureau said in a statement.
As the night wore on, a demonstrator carrying a sign that said “End ICE reign of terror” on one side wielded a device blowing bubbles along the painted blue line marking “GOVERNMENT PROPERTY.”
Cars passed on the street in front of the building. An occasional dog walker passed by clusters of people huddled on nearby corners.
A Buddhist priest from Beaverton led prayers and the crowd started to thin around 10:30 p.m.
A pretty mellow night.
What we’re watching for today
— Why Trump could still send troops to Portland, no matter what appeals court says
— Meet the former presidential appointee working across from Portland’s ICE building
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