Maine has now become involved in an Oregon lawsuit against President Donald Trump and his Administration over the deployment of National Guard troops.
Joining a coalition of twenty-four other states, Maine Attorney General Frey has signed onto an amicus brief supporting Oregon’s challenge of the Trump Administration’s decision to deploy the National Guard in their state.
Federal officials have argued it is necessary to deploy the Guard to Portland, Oregon in order to “make Portland safer” in the wake of protests at Immigration and Customs Enforcement (ICE) facilities.
The City has pushed back on this argument, however, calling the protests “small.”
This past weekend, a federal judge issued a temporary restraining order preventing the federal government sending in the Guard for the time being.
U.S. District Judge Karin Immergut, appointed by President Trump, said in her ruling that the federal government’s arguments are “simply untethered to the facts” and “risk blurring the line between civil and military federal power – to the detriment of this nation.”
Judge Immergut’s temporary block is expected to be in effect until at least October 19. A hearing will be held on October 17 to determine if the hold should be extended for an additional fourteen days.
The twenty-page amicus brief filed by Maine and twenty-three other states on Oregon’s behalf in this case argues that the President’s deployment of the Guard is “unlawful, unconstitutional, and undemocratic.”
“By calling forth troops when there is no invasion to repel, no rebellion to suppress, and when state and local law enforcement are fully able to execute the law, the President flouts the vision of our Founders, undermines the rule of law, and sets a chilling precedent that puts the constitutional rights of all Americans at risk,” the states argued.
“Since the birth of the republic, our leaders recognized that standing armies represent an inherent threat to liberty,” they added. “And they have recognized that, in peacetime, militias must not be deployed without the consent of the local populace, except in extraordinary circumstances.”
[RELATED: Portland, Oregon Sues Trump Admin Over National Guard Deployment in Response to ICE Protests]
On September 27, President Donald Trump (R) made a post on Truth Social announcing that, at the request of Homeland Security Secretary Kristi Noem, he would be directing Secretary of Defense Pete Hegseth — who is also now known as the Secretary of War under a recent Executive Order — to send “all necessary Troops” to the City.
“At the request of Secretary of Homeland Security, Kristi Noem, I am directing Secretary of War, Pete Hegseth, to provide all necessary Troops to protect War ravaged Portland, and any of our ICE Facilities under siege from attack by Antifa, and other domestic terrorists,” wrote the President.
“I am also authorizing Full Force, if necessary,” President Trump added. “Thank you for your attention to this matter!”
Since then, Oregon’s Democratic Gov. Tina Kotek has spoken out in response to the Administration’s decision to deploy two hundred members of the state’s National Guard to Portland for a sixty day period with the directive to protect ICE personnel and government facilities.
“When the president and I spoke yesterday, I told him in plain language that there is no insurrection or threat to public safety that necessitates military intervention in Portland or any other city in our state,” Gov. Kotek said in a news release Sunday, according to NBC News.
“Despite this — and all evidence to the contrary — he has chosen to disregard Oregonians’ safety and ability to govern ourselves,” Kotek continued. “This is not necessary. And it is unlawful. And it will make Oregonians less safe.”
The White House has continued to defend its decision to send in the National Guard to Oregon.
“President Trump is using his lawful authority to direct the National Guard to protect federal assets and personnel in Portland following months of violent riots where officers have been assaulted and doxxed by left-wing rioters,” said White House spokesperson Abigail Jackson.
“The President called forth these 200 Guardsmen to deter rampant lawlessness within Portland and to enable Federal law-enforcement officers to safely conduct their duties,” added Pentagon spokesperson Sean Parnell.
In the lawsuit filed by the State of Oregon and City of Portland, it is argued that the federal government overstepped its constitutional authority in sending in the National Guard.
“Defendants have trampled on these principles by federalizing members of the Oregon National Guard for deployment in Portland, Oregon, to participate in civilian law enforcement,” the filing says.
The filing then goes on to suggest that only about thirty people or less were actually involved in the ICE protests that sparked the federal government sending in the National Guard.
This is not the first time that a National Guard deployment by the Trump Administration has been challenged in court.
A California judge had previously ruled that the federal government violated the law when it sent the National Guard into Los Angeles alongside active-duty U.S. Marines in response to ICE protests taking place there over the summer.
In a 52-page ruling, U.S. District Judge Charles Breyer determined that the Trump Administration violated the Posse Comitatus Act, a 1878 law that prohibits the use of the military for domestic law enforcement.
A temporary restraining order has also been issued recently in a similar case out of Illinois.
