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portland
Trump-Appointed Judges Give Him Green Light to Send Troops Into Portland
In a dissent, Judge Susan Graber accused her 9th Circuit colleagues of eroding "core constitutional principles."
Oct 20, 2025
Two federal judges are giving President Donald Trump the green light to send National Guard troops into Portland, Oregon on Monday.
The US Court of Appeals for the 9th Circuit granted the US Department of Justice's (DOJ) request to put a hold on US District Judge Karin Immergut's earlier order blocking deployment of the National Guard to Oregon's largest city.
The two judges who ruled in the DOJ's favor were appointed by Trump, while the lone dissenter in the case, Judge Susan Graber, was appointed by former President Bill Clinton.
The court's majority ruled that the protests outside the Portland Immigration and Customs Enforcement (ICE) facility were sufficiently disruptive to justify deploying the National Guard, despite the fact that demonstrations outside the facility in recent weeks had not disrupted operations.
Judge Ryan Nelson, one of the Trump appointees, went so far as to issue a concurring opinion stating that the president's right to deploy the National Guard, even over the objections of state and local officials, cannot be reviewed by the judiciary.
In a scathing dissent, Graber noted that "the record contains no evidence whatsoever that, on September 27... ICE was unable either to protect its Portland facility or to execute the immigration laws it is charged with enforcing." This is relevant, she said, because the law states that the president may only deploy the National Guard "to repel a foreign invasion, quell a rebellion, or overcome an inability to execute the laws."
Graber then accused her colleagues of eroding "core constitutional principles, including sovereign states’ control over their states’ militias and the people’s First Amendment rights to assemble and to object to the government’s policies and actions."
Graber's argument echoed a ruling made earlier this month by Immergut, who was also appointed to the bench by Trump and who said his declarations that violent protests at the Portland ICE facility prevented the enforcement of the law were "untethered to facts."
Sandy Chung, executive director of the ACLU of Oregon, said in a statement responding to the ruling that "we are very disappointed that the majority on this 9th Circuit panel were unable to see through President Trump's political theater, divisive rhetoric, and extreme abuse of power and misuse of our military."
"The fact remains that Portland is peaceful," Chung added. "Portland protesters have shown a remarkable level of humor, creativity, and community care in the face of this administration's persistent and violent abuses of power. Inflatable frog and unicorn costumes, bike rides, and musical events are hardly a threat or reason to take the extremely dangerous and anti-democratic action of sending American troops into our communities."
In addition to Portland, Trump is also seeking to send National Guard troops to Chicago over the objections of both Mayor Brandon Johnson and Illinois Gov. JB Pritzker. The administration has appealed that case to the US Supreme Court.
This article has been updated with comment from the ACLU.
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Trump's 'Divorced From Reality' Depiction of Portland Ridiculed by Local Officials
"I never thought that renowned puppy-killer Kristi Noem would be so afraid of protesters wearing frog costumes and chicken costumes, but here we are," said one local official.
Oct 11, 2025
US President Donald Trump and his administration have been trying to depict the city of Portland, Oregon as a lawless apocalyptic wasteland in which roving bands of Antifa activists set fire to local businesses and terrorize federal immigration enforcement officials.
Local residents and elected officials, however, have been openly ridiculing Trump for making claims that are, according to CNN fact checker Daniel Dale, "detached from reality."
Trump's latest salvo against Portland came on Friday, when he said, "Every time I look at that place it's burning down, there are fires all over the place."
Trump went on to falsely claim that "when a store owner rebuilds a store they build it out of plywood, they don't put up storefronts anymore, they just put wood up."
These descriptions of Portland are are odds with the reality on the ground, where people dressed in inflatable animal costumes have been conducting peaceful protests and dance parties outside of a local Immigrations and Customs Enforcement (ICE) center for the last few weeks.
US Homeland Security Secretary Kristi Noem appeared to recognize this discrepancy earlier in the week, and on Thursday she accused every public official in the city, including the chief of the Portland Police Department and the superintendent of the Oregon State Police Department, of trying to cover up the rampant lawlessness taking place there.
"They are all lying and disingenuous, dishonest people!" Noem claimed during a White House Cabinet meeting.
Sen. Ron Wyden (D-Ore.) responded to Noem's claim with open ridicule, and he posted a video showing Portland to be a safe and vibrant city.
"Thoughts and prayers to Cosplay Cop Kristi who had to endure the dogs, farmer’s markets, capybaras, and marathon runners of Portland this week," he wrote in a post on X.
Thoughts and prayers to Cosplay Cop Kristi who had to endure the dogs, farmer’s markets, capybaras, and marathon runners of Portland this week. pic.twitter.com/tvB558xdtF
— Ron Wyden (@RonWyden) October 10, 2025
Portland City Council member Angelita Morillo appeared on CNN Thursday night and also heaped scorn on Noem for her remarks about her city.
"I never thought that renowned puppy-killer Kristi Noem would be so afraid of protesters wearing frog costumes and chicken costumes, but here we are," she said. "We're not hiding anything. The reason she didn't see anything on the ground is because everything here is under control. People are exercising their right to free speech, as they are allowed to under the Constitution... There is no terrorism happening here, I think that they are just a very scared people."
Portland City Council member Angelita Morillo on CNN today: "I never thought that renowned puppy-killer Kristi Noem would be so afraid of protesters wearing frog costumes and chicken costumes, but here we are" pic.twitter.com/7VDWRlHLIG
— PDX Frontline Alerts (@pdxfrontline) October 9, 2025
Portland resident Samuel Cosby also posted a video from Portland that showed people going about their daily lives peacefully and without incident.
As a person who actually lives in Portland, I will continue to push back against this administration’s bullshit.
There are not “fires all over the place.” Stop letting these buffoons lie to you. https://t.co/qrXAYOI1HL pic.twitter.com/AFPf4wBLhz
— Samuel Cosby (@MrCleverFox) October 9, 2025
"There are not 'fires all over the place,'" Cosby emphasized. "Stop letting these buffoons lie to you."
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