A Major New Constitutional Clash Erupts In Oregon

Many things have happened. Here are some of the things. This is the morning memo of TPM. Register for the e-mail version.

Administration defers the cheeky manner of the court order

I entered the weekend by anticipating that today’s morning note would focus on Friday decision by a federal judge of Tennessee that there is a “realistic probability” that criminal proceedings of the Ministry of Justice Trump Abrego Garcia are vindictive.

But during the weekend, the Trump administration’s attempt to deploy the Oregon National Guard exploded in a constitutional confrontation as serious as that we have seen this year (including, ironically, the shock of Abrego Garcia’s shock).

Kate Riga of TPM was everywhere in the details of the legal battle that took place this weekend:

• Friday afternoon: American district judge Karin Immergut, one appointed by Trump, expresses extreme skepticism as to whether the facts on the ground in Portland Pacific provide a reasonable basis for President Trump to deploy the Oregon National Guard.
• Saturday afternoon: Judge Immergut issues a temporary ban prescription preventing President Trump from deploying the Oregon National Guard. Over the next 24 hours, President Trump takes action to deploy the California and Texas national guards in Oregon.
• Sunday evening: judge Immergut has an emergency hearing in which she rakes the home of the DoJ on the coals and issues a second Temporary prohibition order blocking the deployment of federal troops from the National Guard to Oregon.

For readers who were disconnected this weekend, it is a lot to catch up. But I want to underline the meaning of the end of the end of the administration around a Informed that Trump Federal judge. As a furious judge noted, immersed at the hearing on Sunday, the administration acted in “direct violation” of his order. Since nothing had changed on the ground, the legal reasoning of his initial order was always applied, she said, and the administration was “simply bypas”.

Between Immergut issuing his two tros, the administration posed an emergency call to the 9th circuit, which could be played fairly quickly this week, the Supreme Court possibly having the chance to weigh.

Now let’s go to the rest of the weekend. There was a lot …

Abrego Garcia wins stage 1 of the vindicative prosecution complaint

In a remarkable decision, the American district judge Waverly D. Crenshaw Jr. of Nashville found a “realistic probability” that Kilmar Abego Garcia was the victim of vindictive proceedings by the Ministry of Justice Trump. The decision opens the door to Abrego Garcia to discover the motivations of the administration to continue it for trafficking in human trafficking in a case which was in sleep since a stop of traffic in 2022 in Tennessee. The investigation closed was reopened after Greo Garcia managed to challenge his unjustified expulsion to El Salvador despite an immigration judge order which blocked his dismissal to his native country.

What is particularly striking in the decision of judge Crenshaw is that it is above all willing to accept that the office of the local American prosecutor itself did not act with malicious or bad faith by bringing the case against Abrego Garcia, but it is not convinced that the increases in the administration, the particularly prosecutor general Todd Blanche, acted in good faith.

Taking public declarations that Blanche made on the case, Crenshaw wrote: “The remarkable declarations of the Prosecutor General Blanche could directly establish that the
The motivations of the criminal accusations of Abrego arise from his exercise of his constitutional and statutory rights to pursue acts due to executive defendants, rather than a real desire to continue him for an alleged criminal misconduct. »»

With the exception of the intervention of the Court of Appeal, the next step consists of Abrego Garcia to make an additional discovery in the motivations and actions of the DoJ, putting in place the potential of unusually revealing knowledge on the way in which the White House and the main justice under Trump use the Doj as a political weapon.

Judge Crenshaw indicated that he was going to keep the requests for narrow discovery, so it will not be a large fishing expedition, but it is nevertheless a remarkable turn of events. However, I would warn that finding solid evidence of vindictive proceedings is difficult, and the legal standard that Garcia must respect is very high. This is only a first step, but a federal judge accepting the premise that there is plausible evidence of a vindictive prosecution in this case is a major evolution.

FBI agent suspended for refusing Perp Walk Comey

An FBI agent has been suspended (some reports indicate a dismissal) for refusing to submit the former FBI director, Jim Comey, to the public show of a Perp walk. Comey, who was charged with President Trump’s order, received a summons to appear in court, not an arrest warrant, so he was not immediately clear how the FBI would expose Comey to the public ridiculous. But CBS News reported that an effort was still in progress to do it:

The source told CBS News that leadership had asked “large and strong” agents to carry out an arrest of Comey “in Full Kit”, including Kevlar vests and external wear with the FBI logo. It has been suggested that a special supervision agent of the violent crimes of the Washington FBI field office would be able to bring together the types of agents that correspond to the bill, the source said.

The agent, however, refused to participate in this plan, believing that he would be unusual and very unusual for a defendant in white collar like Comey, according to the source. He was then suspended for insubordination.

Reacting to the news on X, the director of the FBI, Kash Patel, rejected MSNBC as a “ass clown factory”, but also seemed to confirm at least the suspension of an agent: “In this @FBI, follow the command chain or be relieved.”

The MO licensee prosecutor brings together former colleagues

In a farewell letter to colleagues who have been recorded at the door of his office, the federal prosecutor Michael Ben’ays denounced that “management is more concerned with punishing the president’s perceived enemies than to protect our national security”.

Ben’ary, a main national security prosecutor in the Virginia Oriental District, was suddenly dismissed last week without reason for unknown reasons.

While urging his colleagues “to do the right thing, in the right way, for the right reasons,” wrote Ben’ary:

I have taken an oath to our constitution, just like each of you, and it remains for your responsibility to defend this oath in the work you make. It is this oath that forces you to follow the facts and the law wherever they lead, free from fear or favor, and without hindrance by political interference. In recent months, the political leadership of the department has violated these principles, compromising our national security and making American citizens less safe.

Boasberg urges prosecutors for attacking the magistrate

In another series of remarkable courts setbacks for the Trump administration, the American district judge James Boasberg reprimanded federal prosecutors with a hot -headed language by contesting a decision by a judge magistrate Zia M. Faruqui to DC not to accept an accusation of a great jury of the DC Superior Court.

Federal prosecutors used the end of the end of the end of the district court after refusing to allow a matter of aggression and weapons. Faruqui was blinked last week that he was dismayed by Trump Doj’s maneuver and asked for an additional briefing on both sides to find out if it was legal to carry an indictment before the Superior Court before the Federal District Court.

The prosecutors filed an emergency request from Boasberg asking him to slap Faruqui for his “inflammatory anomalies of the law and of inappropriate conduct” and issues a thoroughcare of the great jury of the Superior Court which heard the remarks of the magistrate in court. “First of all, the Faruqui judge and considering the approach of the later law is only the last example of his prejudices demonstrated against the American lawyer and the Trump administration,” said prosecutors in unusually pointed language.

For his part, Boasberg immediately summoned the hearing Friday afternoon on the request of the prosecutors and refused to reign until the briefing that the magistrate has ordered was finished. But in doing so, Boasberg was severe with the American deputy prosecutor Jonathan R. Hornok, the relatively new chief of the criminal division of the DCUS prosecutor’s office (the former chief of the criminal division was forced to go out by the American prosecutor at the time, Ed Martin, for refusing to transform a political attack of Maga against the EPA funds in a criminal case):

“It would be in the interest of everyone to lower the temperature,” said Boasberg in court, with American lawyer Jeanine Pirro looking at the first row of the courtroom, WAPO reported. Boasberg continued by saying: “There were many cases where the judges ruled against me. … But I would never have filed a plea accusing a blocking judge, as you did in yours.”

The craziest story of the weekend

As much as it took place from Friday to Sunday, the absurdity of the Trump era of the Trump era was a story of a star-distribute on a white house assistant who was in Minnesota last week for the funeral of his uncle by using the signal to speak with Portland to reduce the excessive threat of duty on the service.

The use of the signal of Stephen Miller Anthony Anthony Salisbury was so carefree that an unidentified spectator was able to photograph his phone and transmitted images of the active cat with the Star-distribute: “During several conversations, totaling dozens of messages with Salisbury [Defense Secretary Pete] Hegseth’s advisor, Patrick Weaver and other federal senior officials. »»

Big question

Techdirt: Doj requires the deletion of the Iceblock application; Why are the “warriors of freedom of expression” suddenly so calm?

On Trump’s orders, the United States attacks the 4th alleged drug boat

Friday, a fourth American military strike without right on alleged boats of drug trafficking in the Caribbean killed four people.

In Trump, we trust

The American treasurer Brandon Beach is deceiving the possibility of a new commemorative piece with the image of President Trump on both sides, even if the American law prohibits living people from appearing on the currency:

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