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While the lawsuit does not directly focus on the use of excessive force against protesters, Simon said during a hearing Thursday that he was concerned about cases of peaceful protesters hit or shot with “less lethal” ammunition. The judge, appointed by President Barack Obama, said journalists were essential in keeping the public informed about what the more than 100 federal law enforcement officials are doing to address protests and riots.
“We need the free press to do that,” said Simon.
However, during the hour-long telephone hearing, a federal government attorney argued that journalists and legal observers were subject to arrest if they ignored the dispersal orders.
“We cannot make exceptions for certain groups,” said Andrew Warden, the attorney for the Justice Department.
He said it was unrealistic and impractical to require law enforcement to differentiate, especially during nightly protests, between rebel protesters and journalists or legal observers.
“We are surprised that when there are difficult people to identify, there are commercial grade fireworks … and laser pointers targeting the police in an attempt to distract and blind them, trying to segregate people is difficult,” Warden said.
But Simon noted that he imposed a similar court order against the Portland Police Office last week in the same lawsuit and that local officials had reported no significant problems.
A city attorney, Denis Vannier, said there had been “occasional challenges” in identifying the journalists, but that the court order had been viable. Although the city is a defendant in the case, Vannier took the unusual stance of encouraging the judge to extend the term to cover federal officials.
“They have moved from federal property and have been using the force that records [show] it was neither provided nor justified under the circumstances, “said Vannier.
The city attorney also said the court order was necessary to reject President Donald Trump for targeting cities for the use of federal force based on the policy of local officials.
“Perhaps the elephant in the room is the fact that the President has publicly stated that … the reasons for the deployment are political,” Vannier said. “He has announced his intentions to send similar task forces to other cities in the United States that happen to be cities that are politically leaning toward Democrats or that are politically liberal in some way.”
On Wednesday night, Portland Mayor Ted Wheeler was among the tear gas fired by federal authorities, whom he accused of unnecessary use of force and other aggressive tactics.
Trump responded by ridiculing Wheeler.
“He made fun of himself,” the president said on Fox News. “He wanted to be among the people, so we got into the crowd and they took his breath away. That was the end of it. So it was pretty, pretty pathetic. “
While Wheeler has moved to cut ties to the presence of the federal police in recent days, Trump insisted in the interview that the forces were invited to Portland. And he suggested that it could send up to 50,000 or 60,000 officers or agents to other cities in the United States.
“At some point, we are going to have to do something much stronger than being invited,” the president said, without offering further details.
During the court hearing, the judge pressured the Justice Department attorney on whether there is any evidence that people who identified themselves as journalists or legal observers had injured a federal official or damaged federal property. Warden said the government had not presented any such evidence.
Simon also requires that a paper or digital copy of his restraining order be provided to all federal law enforcement officers and agents in Portland, as well as anyone who may be dispatched to the city in the future.
The temporary restraining order will be in effect for 14 days, unless it is extended. Warden said the government could try to appeal, but Justice Department spokespeople did not immediately respond to requests for comment on the judge’s decision.
The lawsuit that led to the judge’s order on Thursday was filed last month by the American Civil Liberties Union on behalf of independent journalists, legal observers and an alternative media outlet: Index Newspapers. At least three other federal lawsuits related to the protests are pending.
Another federal judge based in Portland is considering a request by Oregon Attorney General Ellen Rosenblum to require federal officials to identify themselves when arresting or detaining suspects and refrain from arresting people without probable cause. The request for a court order followed reports that federal agents dressed in camouflage and using unidentified vehicles were picking people up from city streets and taking them quickly.
The videos show officers wearing vests tagged with the word “Police.” Federal authorities say agents and officers deployed to address the protests and damage to federal courts and buildings wear uniforms with patches that identify their agencies, which include the Federal Protection Service, Customs and Border Patrol, the Immigration and Customs Enforcement and the US Marshals Service.
Matthew Choi contributed to this report.
