Portland, OR – U.S. District Court Judge Michael Simon has recommended that federal law enforcement agents wear numbered jerseys to identify them.
According to Politico, these jerseys are to have numbers approximately eight inches in height, have no name, and are to be “something like the jerseys professional sports players wear.”
Such identification is necessary, Simon said, in order to identify any officers not in compliance with a temporary restraining order he issued July 23rd.
What’s happening in Portland should scare us all. Democrats continue to allow this type violence on our streets and that only encourages it to spread.
Democrats are failing their constituents and it’s time send them all packing in November! #MAGAhttps://t.co/RmaVFvcQlD
— Kimberly Guilfoyle (@kimguilfoyle) August 2, 2020
The TRO is part of the district court judge’s response to a lawsuit filed by the ACLU against local and federal police. The lawsuit alleges that law enforcement personnel have been targeting press and legal observers at riots and protests in Portland.
The temporary restraining order lists as defendants the DHS, the US Marshals Service, and John Does 1-60 (unidentified law enforcement agents).
The document states:
“Plaintiffs seek to stop Defendants from assaulting news reporters, photographers, legal observers, and other neutrals who are documenting the police’s violent response to protests over the murder of George Floyd.
“The police’s efforts to intimidate the press and suppress reporting on the police’s own misconduct offends fundamental constitutional protections and strikes at the core of our democracy.”
It further claims,
“Absent an injunction, the Federal Defendants will continue to target journalists and legal observers and require them to disperse or face force and violence by federal officers, even when the journalists and legal observers are not engaged in any harmful or illegal conduct.”
Unless there is a crime being committed, the TRO prohibits all federal law enforcement agents from:
“arresting, threatening to arrest, or using physical force directed against any person whom they know or reasonably should know is a Journalist or Legal Observer.”
Furthermore, press and legal observers are not required to disperse after lawful order to do so, and may not be arrested for not dispersing.
Press members are to be identified by a badge or clothing that indicates the wearer is a journalist. Legal observers are to be identified by a blue vest or green hat.
The TRO also removes qualified immunity from any federal agent found to be in violation of the order.
As one might imagine, anybody could easily pretend to be the press or a legal observer by wearing the appropriate clothing. Indeed, that has happened.
The Portland Police Bureau reported that after dispersal efforts:
“People with “press” written on their outer garments repeatedly threw objects at officers.”
Attorneys for the Justice Department have added:
“Individuals are abusing the TRO to masquerade as members of the press and evade lawful orders, or actively participating in protest activities and even illegal acts while holding themselves out to be members of the press under the protection of the TRO.”
Fake press members have reportedly acted by handing out press passes, mingling in violent crowds, assaulting officers, running at the federal courthouse building, and attempting to damage or climb the fence around the courthouse building.
An editor for a Portland newspaper received intel from my antifa stalkers I was undercover. She then announced where I could be found to tens of thousands. Antifa immediately blinded me w/lasers & began following me. Alex Zielinski tried to get me killed. https://t.co/qDwMh3STwI
— Andy Ngô (@MrAndyNgo) July 29, 2020
Furthermore, among chaos and confusion of nightly riots and protests, law enforcement officers would be hard pressed to identify genuine press members and legitimate observers within the crowds.
Andrew Warden, attorney for the federal government, stated:
“We think it’s just not realistic to ask law enforcement officers to verify press passes or hat color while trying to restore order in a chaotic situation where lasers are being shot at them to blind them, fireworks are being targeted at them, everyone’s wearing masks, helmets, face coverings.”
He continued,
“And moreover nearly everyone appears to have a camera or a cellphone out to record things further making it difficult to distinguish legitimate journalists from others.”
Suggesting that federal involvement in Portland is winding down, Justice Department attorney Jordan Von Bokern also recommended against making changes to the way federal law enforcement agents conduct themselves.
He said:
“The federal presence, the federal engagement with protesters … appears it will be drawing down in the coming days. It would be premature to build up an entire process.”
Bokern went on to say:
“The federal police force is decreasing its deployment, and there will likely be less interaction with protesters in the ways that give rise to the plaintiffs’ complaints here.”
The DOJ has announced that 22 people have been federally charged in relation to the past few days of violent protests & rioting in Portland. Charges include assaulting federal officers, failing to obey lawful orders & more. #antifa https://t.co/F7NtgjrR7B pic.twitter.com/IHf54hUjGu
— Andy Ngô (@MrAndyNgo) July 28, 2020
District Court Judge Simon disagreed, recalling that DHS Secretary, Chad Wolf, stated that federal agents were not leaving town:
“and if they’re needed, they will be deployed at a moment’s notice.”
Simon did identify one instance in which he would not ask for the jerseys to be worn: if the federal agents protecting federal buildings remained inside those buildings.
So it seems that press members and observers, both genuine and fake, are enabled to continue to populate riots and violent protests, and are rendered immune from obeying lawful dispersal orders.
Meanwhile, an Oregon district judge is in favor of federal law enforcement not enforcing a perimeter around the federal buildings they are required to protect, unless they are individually identified by a football jersey of sorts.
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Here is more on the attacks in Portland on federal officers and federal property:
PORTLAND, OR– On Friday, the Department of Justice (DOJ) reported that 18 people were arrested and are facing federal charges for their roles in several weeknight protests at the Mark O. Hatfield U.S. Courthouse in Portland.
A whole lotta shakin going on pic.twitter.com/cFQ9Y4peiS
— Ric Peavyhouse (@RPeavyhouse) July 24, 2020
According to police, protesters in downtown Portland set several fires and breached the fence surrounding the Hatfield Federal Courthouse Thursday night, July 22nd and into early Friday morning, July 23rd.
For several hours, more than 1,000 people gathered outside of the Justice Center and the federal courthouse blocking traffic and participating in a demonstration. Around 11 p.m., members of the group set fires inside the fence, shook the fence, threw things over the fence, and tried to dissemble the fence. Several members of the group actually breached the fence.
Police also said that protesters threw harmful items including incendiaries at the federal officers who came outside to protect the federal building and attempt to disperse the violent crowd. By 1 a.m., more protesters had returned back to the fence and continued to set fires, breached the fence, and threw commercial-grade fireworks towards the federal courthouse.
By 2 a.m., protesters were still in the streets, around the federal courthouse, and engaging in violent, destructive behavior. Police at this point declared an unlawful assembly and told people to leave the area.
Many people did not listen to these orders and remained in the area setting fires and damaging courthouse property. From this, 18 protesters were arrested and charged federally.
DOJ: 18 Protesters Arrested in Portland, Facing Federal Charges https://t.co/8wEwWJcScv via @BreitbartNews
— Chuckz (@Chuck2165) July 25, 2020
According to a news release from the DOJ, the charges include assaulting federal police officers, arson, and damaging government property. Since May 26th, Portland has seen nightly protests that have been followed by violent and criminal activity. The Hatfield Federal Courthouse has been a nightly target of vandalism and from that has sustained extensive damage.
Various federal departments including the U.S. Marshals Service deputies, officers from the Federal Protective Service, Homeland Security Investigations, and U.S. Customs and Border Protection have been working tirelessly every night to protect the Federal Courthouse. While performing their duties of protecting and serving, they have been subjected to nightly threats and assaults from demonstrators.
Some of the other violent and criminal activity that has taken place and continues to take place includes destruction of property, looting, arson, vandalism, and assaulting law enforcement officers.
The DOJ news release shows a breakdown of who was arrested and for what. Five people were charged for alleged criminal conduct during a protest beginning July, 2020 and continuing into the early morning hours of July 21, 2020.
Included in this are:
- Jennifer Kristiansen, 37 who was charged with assaulting a federal officer,
- Zachary Duffly, 45 who was charged with creating a disturbance,
- Wyatt Ash-Milby, 18 who was charged with trespassing on federal property, and
- Caleb Ehlers, 23 and Paul Furst, 22 were charged with failing to comply with a lawful order.
Seven people were charged for alleged criminal conduct during a protest beginning July 21, 2020 and continuing into the early morning hours of July 22, 2020.
Included in this are:
- Jerusalem Callahan, 24 who was charged with willfully damaging government property,
- Joseph Ybarra, 21 who was charged with arson,
- Marnie Sager, 27 and Ella Miller, 26 who were charged with failing to comply with a lawful order,
- Taylor Lemons, 31, Giovanni Bondurant, 19, and Gabriel Houston, 22 who were all charged with assaulting federal officers.
Six people were charged for alleged criminal conduct during a protest beginning July 22, 2020 and continuing into the early morning hours of July 23, 2020.
Included in this are:
- Joseph Lagalo, 37,
- Bailey Breibelbis, 22,
- Nicholas Klobier, 26,
- David Hazan, 24,
- Hailey Holden, 30,
- Cameron Knueston (age unknown at the time) were all charged with failing t comply with a lawful order.
According to The Hill, all defendants that have been charged are believed to be local residents. All 18 defendants made their first appearances in court and they were ordered released pending jury trials or other follow-up court proceedings.
All cases are being jointly investigated by the U.S. Marshals Service and Federal Protective Services. Additionally, they are all being prosecuted by the U.S. Attorney’s Office for the District of Oregon.
According to KGW8, U.S. Attorney Billy J. Williams said that anyone who defends this nightly destruction is only enabling it. He said in a statement:
“Blaming federal agents for protecting federal property is an easy out for people who want to politicize this. You have to ask the community how long they are willing to tolerate this mindless violence.”
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