As reported last week, Oregon’s far left attorney general, Ellen Rosenblum, sought a federal court order to protect her terrorist friends and prevent the feds from intervening in the continuous riotous acts that have been ongoing in Portland. Her motion was DENIED today by a judge in the very same courthouse that has been subjected to the repeated vandalism and arson.
A federal judge on Friday afternoon denied a request by Oregon Attorney General Ellen Rosenblum to issue a temporary restraining order against federal officers making arrests of Portland protesters without probable cause.
In his ruling, U.S. District Judge Michael W. Mosman said Rosenblum had failed to provide sufficient evidence that such arrests were occurring widely in the streets of Portland or were part of a federal policy. (Disclosure: Rosenblum is married to the co-owner of WW‘s parent company.)
He ruled that because the state of Oregon couldn’t establish a pattern or policy, it lacked the legal standing to seek to halt future incidents.
The judge’s ruling is a painful setback for Oregon officials and demonstrators who hoped to rebuke President Donald Trump and rein in the actions of the federal police he deployed to quash six weeks of uprising and upheaval. It marked a swift end to an ambitious legal strategy that as recently as this afternoon was endorsed by Portland City Hall, which asked to provide expert testimony.
Mosman’s ruling emphasized that Rosenblum had set a high degree of difficulty for herself by bringing an unusual request to his bench. He said victims of illegal treatment by police typically seek redress for themselves. But in this case, the state sought to ban future, hypothetical actions by police—many of which he noted were already illegal and did not need him to outlaw them.
“In a typical case alleging these types of constitutional harms, the aggrieved individual would sue on his own behalf,” he wrote. “Here, however, the state of Oregon—by way of Attorney General Ellen Rosenblum—has brought a suit alleging these same kinds of constitutional claims on a theory that they harm the state’s citizenry writ large.”
That left the state with a higher evidentiary burden: proving that the violations were taking place on a large scale, and that a restraining order was needed to protect its citizens from future danger.
Mosman wasn’t persuaded that danger was real. He tore apart the state’s argument that Portland protesters would reasonably fear they were being kidnapped by far-right paramilitary groups.
Rosenblum released this official statement:
“This week we asked the United States District Court for the District of Oregon to grant a temporary restraining order relating to the issue of forcible detention of Oregon residents by federal agents sent to Portland for the alleged purpose of protecting federal property. The stakes in this case are high, and I am disappointed that Judge Mosman did not rule in favor of a TRO and found instead that we lacked standing to bring the case in the first place. I believe all Oregonians have a right to know which federal law enforcement agencies are policing our streets, and why they are detaining peaceful protesters.
“In last Wednesday’s two-hour hearing, the judge expressed concern with the legality of the federal law enforcement tactics we are seeking to stop. While today the court declined to issue an immediate order putting a stop to those tactics, we are, nevertheless, hopeful these abuses will stop and no other Oregonians will be subject to them or to the chilling effect they have on the right to engage in peaceful protest.
“As I argued to the court at the hearing, these are extraordinary times, and very extraordinary circumstances. Ultimately, our goal was to ensure our people’s state and federal constitutional rights are protected. We want our cities to be safe, and we do not want our residents to live in fear of a police-state where people are grabbed off the street by unidentified armed men in unmarked cars and taken away—with no explanation.
“While I respect Judge Mosman, I would ask this question: If the state of Oregon does not have standing to prevent this unconstitutional conduct by unidentified federal agents running roughshod over her citizens, who does? Individuals mistreated by these federal agents can sue for damages, but they can’t get a judge to restrain this unlawful conduct more generally. Today’s ruling suggests that there may be no recourse on behalf of our state, and if so that is extremely troubling.
“I want to thank our Oregon Department of Justice Trial Team including Steve Lippold and Sheila Potter for their extraordinary efforts in a short timeframe. We will continue to seek ways to fight to ensure the rights of every Oregonian to peacefully protest are preserved.”
Rosenblum appeared on CNN with Don Lemon earlier in the week to defend the actions of the terrorists: