A federal judge has temporarily extended an order blocking President Trump from deploying the National Guard to Portland, dealing a blow to his efforts to militarize Democrat-run cities.
In her 16-page ruling, U.S. District Judge Karin Immergut, a Trump appointee, said she needs time to consider the evidence from a three-day trial that was held last week, according to Oregon Public Radio.
While the ruling is preliminary, the judge made it clear she is skeptical of Trump officials' claim that Portland is in a state of rebellion.
"Although there were sporadic instances of unlawful behavior, federal law enforcement, along with local law enforcement, were able to
manage the situation and arrest and prosecute those responsible for criminal conduct," the judge wrote.
Portland is just one of several Democratic cities where Trump has sought to use the military to quell unrest and violence against federal immigration officials.
In her ruling, Judge Immergut acknowledged some violent disruptions to federal immigration enforcement have occurred in Portland, where rioters have blocked traffic and even forced the Immigration and Customs Enforcement (ICE) building to close down for three weeks due to property damage.
Still, the judge concluded that these events were not serious enough to constitute the type of "rebellion" that calls for a federal response.
"Although the evidence so far showed that protesters frequently blocked the driveway of the ICE building, the evidence also showed that federal law enforcement officers were able to clear the driveway," she wrote.
The judge also said the chaos has eased since a period of more serious unrest in June, thereby removing the justification for Trump's move in late September to send in the troops.
The judge said the violence in Portland doesn't compare to historic rebellions like the Whiskey Rebellion and Shay's Rebellion, which both involved organized groups of armed insurgents seizing federal institutions.
By contrast, the chaos in Portland amounted to "sporadic isolated instances of violent behavior toward federal officers and property damage to a single building.”
The judge also found that Trump's move to deploy troops from California and Texas likely violates the state sovereignty of Oregon.
The upshot of the ruling is that Trump continues to be blocked from deploying National Guard troops until Friday at least, but likely longer.
White House spokeswoman Abigail Jackson said the fight isn't over and the administration expects to be “vindicated by a higher court."
“President Trump has exercised his lawful authority to protect federal officers and assets," Jackson wrote.
