A federal judge has, for the second time in two days,
blocked President Donald Trump from sending National Guard troops into Oregon,
ruling that the administration appeared to defy her Saturday order that Trump
lacked a legal basis for sending the military into Portland.
Unfortunately, the drama spurred by the latest- as of this moment- tyrannical move by the Administration will continue. So, too, will the drama in the White House briefing room where on Monday, CNN's Kaitlan Collins asked presidential press secretary Karoline Leavitt "which officials in Portland have said the National Guard is needed there?"
Wisely, Leavitt did not answer this question. Instead, she stated in pertinent part
The President is using the authority as Commander in Chief- U.S. Code 12406, which clearly states that the President has a right to call up the National Guard in cases where he deems it's appropriate and if you look at what has happened in Portland Oregon, for more than 100 nights I was talking to our law enforcement team about it this morning. For more than 100 days, night after night the ICE facility had been really under siege by these anarchists outside. They have been disrespecting law enforcement.
"Disrespecting?" A call has been placed to 2017. They want their jargon back.
Leavitt continued
They've been inciting violence. We saw again a guillotine rolled out in front of this federal building. And so the President wants to ensure that our federal buildings and assets are protected. And that's exactly what he is trying to do.
Yet, Donald Trump knows little about guillotines, though he knows quite a bit about hanging gallows, including the one mostly constructed by protesters on the morning of January 6, 2021. That would be the "Hang Mike Pence" one, whose use President Trump appeared to have endorsed.
Leavitt, still:
Ultimately, in a case in Los Angeles, the Judge ruled on 9th Circuit, that panel of judges ruled those troops could remain. And the President was well within his authority. So we are appealing this decision, as you know. We expect hearing on it pretty quickly and we're very confident in the President's legal authority to view this. And we were vey confident we would win on the merits of law.
If that Trump-appointed U.S. District Judge had ruled "those troops could remain," she probably wouldn't have written "this country has a longstanding and foundational tradition of resistance to government overreach, especially in the form of military intrusion into civil affairs." Nor would the Administration be "appealing this decision" if it had gone Donald's way. (Later in the day, "a federal judge in Illinois declined the request to immediately block the deployment.")
Collins then returned to her actual question, which Leavitt in over 200 words had avoided answering.
My full exchange with Karoline Leavitt on what officials in Portland, including the police chief, are saying about whether the National Guard is needed versus what President Trump is claiming. pic.twitter.com/i4C3iSkkil
— Kaitlan Collins (@kaitlancollins) October 6, 2025
The president's spokeswoman was echoing, in brief, claims made by Department of Homeland Security spokeswoman Tricia McLaughlin, who on Thursday had told NBC affiliate KGW8 that two nights earlier
.... over 100 rioters stormed an ICE facility in Portland. They assaulted law enforcement- even putting one member of law enforcement into the hospital- trespassed on federal property, attacked law enforcement by blinding them with strobe lights, and blocked the entrance to the facility. Six rioters were arrested, including for charges of assaulting law enforcement.
Despite its best efforts, KGW was unable to verify the allegations from DHS and
As for the alleged trespassing and attacks on law enforcement, KGW reporters observed only a few protesters over the course of several days crossing a painted line on the ground and one individual placing a sign on the building. Protesters were also seen using strobe flashlights and loudspeakers, though the situation appeared largely non-violent.
It was largely non-violent despite the best efforts of federal law enforcement officers, who appear to be the ones doing their best to incite violence.
Nonetheless, Trump spokeswoman Leavitt is entitled to consideration of her core argument, which was "the President is using the authority as Commander in Chief- U.S. Code 12406, which clearly states that the President has a right to call up the National Guard in cases where he deems it's appropriate."
The statute cited reads
Whenever—
(1)the United States, or any of the Commonwealths or
possessions, is invaded or is in danger of invasion by a foreign nation;
(2)there is a rebellion or danger of a rebellion against the
authority of the Government of the United States; or
(3)the President is unable with the regular forces to
execute the laws of the United States;
the President may call into Federal service members and
units of the National Guard of any State in such numbers as he considers
necessary to repel the invasion, suppress the rebellion, or execute those laws.
Orders for these purposes shall be issued through the governors of the States
or, in the case of the District of Columbia, through the commanding general of
the National Guard of the District of Columbia.
Sending National Guard members to Portland, Chicago, or anywhere has nothing to do with any possible invasion by a foreign nation. The protests in major cities is not a "rebellion," nor the threat of a rebellion. It is not "January 6"; it is not directed toward the authority of the government of the USA but against a policy, be it immigration or crime. And the President is not issuing the orders through the governors- who publicly oppose the regime's threatened action- of the states affected
The Administration simply does not have the statutory or constitutional authority to do this on its own. Given that some federal judges are intimidated by Donald Trump, the President would be delighted to gain judicial endorsement, or at least formal acceptance, of his tyrannical tactics. Presumably, even if he ultimately is blocked legally, Donald will proceed because that's what despots do.
It's a terrible plan in itself, but also intended to normalize an environment in which federal forces roam the streets of major cities, especially important in light of our quaint tradition of free elections. One of Oregon's excellent senators:
Trump's troops are deliberately attacking peaceful protesters to incite violence.⁰⁰The goal is to generate riots to justify the expansion of authoritarian measures and to strengthen the case for the troop deployments.⁰⁰Let me be emphatically clear: there is no "invasion" or…
— Senator Jeff Merkley (@SenJeffMerkley) October 4, 2025
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