The federal government’s push to dissolve the injunction came just a day after the Trump administration reached an agreement with Gov. Kate Brown (D-Ore.) To try to calm the unrest and violence in the federal court of Portland.
Under the pact, the Oregon State Police agreed to establish a security perimeter around the building, while federal law enforcement officers dispatched from across the country would withdraw and eventually leave the city.
However, the feds’ attempt to rescind the restraining order indicates their desire to maintain maximum flexibility in responding to the unrest if they again assume a front-line role or if the state police deal proves inadequate.
“People abuse the TRO to pose as members of the press and evade legal orders, or actively participate in protest activities and even illegal acts while posing as members of the press under the protection of the TRO,” wrote the Justice Department attorneys. “Even people who do not take express advantage of the TRO often find themselves within crowds of protesters or among officers and active protesters, making it incredibly difficult and dangerous to observe restrictions when implementing crowd control measures.”
“Smart protesters abuse the TRO to evade legal orders, impede law enforcement, and commit crimes. The TRO has become ‘an instrument of error’ and must be dissolved, ”argued the Justice Department attorneys.
The federal government’s submission also amounts to a kind of rebuttal to journalists’ claims that they were attacked by law enforcement in violation of the judge’s order. Simon has scheduled a state conference on the case for 10 am PST on Friday.
The federal filing includes seven statements by senior officials and front-line officers about alleged cases of people wearing “press” patches or insignia attacking officers, interfering with them, damaging the perimeter fence, or attempting to scale it.
On one occasion last week, law enforcement officials said, an individual with “press” letters on his clothing was detained and was carrying a pistol. The feds also cite online tweets and videos posted by freelance journalist Sergio Olmos of an individual wearing a “press” shirt running toward the perimeter fence while holding a riot shield and cell phone.
Another Internet video quoted in the presentation allegedly includes an alleged journalist in the protests who states that he or she has “plenty more press passes to give to people.”
While the Justice Department filing includes numerous photos, many depict press-identified people mingled with crowds officials say were violent or dangerous.
A specific incident outlined in the filing that has resulted in an arrest is that of Cameron Knutson, who was detained outside of court last week after he allegedly crossed a gap others opened in the perimeter fence.
“At the time of his arrest, he was carrying commercial grade fireworks. The subject also wore insignia indicating that he was a journalist, ”wrote a Customs and Border Patrol agent.
Court records indicate that Knutson was charged with a misdemeanor for violating federal regulations and pleaded not guilty. A magistrate judge ordered his release, with a 10p curfew. M. A 6 a. M. And an order to remain at least five blocks from the federal court “unless it is an official matter.”
One of the two federal prosecutors assigned to Knutson’s case withdrew Thursday. No reason was given.
