The new 14-day temporary restraining order, which the Trump administration opposed, represents the first court order placing limits on the federal law enforcement action in Portland.
A federal officer points a pepperball gun at a protester while dispersing a crowd in front of the Mark O. Hatfield US Courthouse in Portland on July 22.on Thursday that blocks federal law enforcement officers from arresting or using physical force against journalists and legal observers as they respond to anti–police brutality protests there.
US District Judge Michael Simon’s order prohibits federal agents from arresting or using force against journalists or legal observers unless there is probable cause they’ve committed a crime. The order also states that journalists and legal observers will not be required to leave an area if federal agents issue an order to disperse, and that federal officers can’t seize a journalist’s press pass or equipment unless they’re being lawfully arrested.
The city of Portland not only hadn’t come back to court to complain the injunction was unworkable, Simon said, but it had joined the legal team for the journalists and legal observers in urging the judge to adopt a similar order for federal officers. In his order several hours later, Simon highlighted the administration's argument that federal officers were needed in Portland now because protests had been going on in the city for more than 50 nights. The fact that local police could comply with an order not to arrest or use force against journalists under those circumstances was"compelling evidence" that it was a workable set of terms, the judge wrote.
"Absent an injunction, the Federal Defendants will continue to target journalists and legal observers and require them to disperse or face force and vioience by federal officers, even when the journalists and legal observers are not engaged in any harmful or illegal conduct," the judge wrote."The threatened future harm is not speculative or hypothetical."
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