BDKJMU wrote: ↑Mon Oct 20, 2025 3:20 pm
Just like the lib activist district judge was overruled in the LA case, the one in Portland now has been, too.
oopsie
'Material factual error': 9th Circuit reverses victory for Trump admin in National Guard case after discovery shows feds lied about troop numbers in Oregon
The Trump administration notched itself an illusory victory in federal court this week in one of the ongoing legal battles over the federal use of state National Guard troops to police American cities.
On Monday, a three-judge panel on the U.S. Court of Appeals for the 9th Circuit, in a 2-1 ruling, stayed a temporary restraining order (TRO) issued by U.S. District Judge Karin Immergut, who was appointed by President Donald Trump during his first term in office.
By Friday, the full 9th Circuit administratively stayed the panel's own stay – "[w]ithout objection from the panel," an order notes.
That quick turnabout appears to be the result of some unfair play.
On Thursday, attorneys for Oregon alerted the appellate court to an issue with some of the figures provided by the U.S. Department of Justice in service of the government's winning stay request.
"Plaintiffs write to alert the Court of a material factual error by defendants on which the panel relied to grant a stay pending appeal," the citation of supplemental authorities reads. "Given that reliance, and the gravity of the interests at stake, plaintiffs ask that the panel immediately withdraw its order or, in the alternative, that the en banc court immediately vacate it."
Oregon's Thursday filing explains the panel's earlier decision-making when granting the Trump administration the stay, at length:
The panel majority held that defendants were likely to prevail under 10 U.S.C. § 12406(3) because the record showed a colorable inability to execute federal law. Central to that determination was the majority's acceptance of defendants' averments that protests had forced the redeployment of 115 Federal Protection Service officers, "nearly 25% of FPS officers nationwide," to Portland. The dissent noted that defendants' declaration on the actual extent of the deployment was "carefully worded" to the point of "vague." But defendants' counsel emphasized at oral argument the "magnitude" and "unsustainab[ility]" of having 115 FPS offices redeployed; then, when asked directly whether all 115 officers remained in Portland, counsel stated only that "some" had gone home but "many" remained.
Those numbers, as it turns out, were greatly exaggerated.
In discovery produced Wednesday night, the government "admitted that 115 FPS officers have never been redeployed to Portland." Rather, the Beaver State says, "[o]nly a fraction of that number was ever in Portland at any given time before the President's directive."
Citing four separate time frames, the discovery showed deployments of 27 troops, 31 troops, 29 troops, and 20 troops in Portland at any given time between the middle of June and end of October.
https://lawandcrime.com/high-profile/ma ... in-oregon/