After reviewing the federal cases between July 23-27, CNN found that at least nine of the 21 defendants arrested for failing to obey a legal order or assaulting a federal officer were released on the condition that they “do not attend to no other protest, rally, assembly or public meeting in the state of Oregon, “multiple disclosure documents said.
However, the wording varied slightly from one order to another. One order only restricted the defendant from protests in Portland and another order prohibited attending public meetings regardless of location. The nine orders prohibiting defendants from protesting also prohibit the defendant from being within five blocks of the federal court in Portland, a focus of protests for weeks.
Somil Trivedi, a senior attorney with the ACLU Criminal Law Reform Project, condemned the practice in a statement to CNN.
“The charges themselves are questionable enough, but this release condition is blatantly unconstitutional,” said Trivedi.
“The government cannot compel him to give up his First Amendment rights as a condition of his freedom. The conditions of release must be related to public safety or flight. This is none.”
Acting Department of Homeland Security agents have arrested 94 people since July 4, acting Homeland Security Secretary Chad Wolf said in a call to reporters on Wednesday.
A spokesman for the United States Attorney’s Office for the District of Oregon said the office “did not seek these additional restrictions.”
“We are only looking for geographic restrictions, five blocks from the Hatfield Courthouse, and curfew restrictions,” Kevin Sonoff told CNN.
“The court added the additional restrictions.”
The legal drafting comes as Portland protesters have rallied against systemic racism and police violence for almost two consecutive months.
Earlier this month, the Trump administration sent federal law enforcement officers to Portland, apparently to protect the federal court there. But their presence has increased tensions and sparked more clashes with protesters in the city.
.
