Portland, Legal Actions So Far

Two items of note.

1.Two resolutions authored by Portland Commissioner Eudaly, which were adopted unanimously by council. The first, to cease all cooperation between the Portland Police Bureau and what is literally described as “The Federal Occupiers.” The second, to affirm the rights of members of the press and legal observers to cover the protests without fear of being molested by Federal forces. This second resolution fits nicely into-

2. The first ACLU suit supported by the State of Oregon, to grant 14 day restraining order, barring federal officers from using force, threats and dispersal orders against journalists or legal observers documenting the daily demonstrations in downtown Portland.

I’m not sure what the upside is to Portland’s order to cease cooperation with the Federal forces, which Mayor Ted Wheeler, who oversees the police, said he is asking Police Chief Lovell to translate into immediate directions for the bureau.  I’m sure most general day-to-day interactions with the components of DHS can be done over the phone with their primary federal offices. However, with the federal forces interacting with the citizens of Portland in various ways, I’m not sure making communication between the city and “The Occupiers” more difficult is a great idea. Especially if my belief that identifying the personnel in the federal forces is key to their ultimate undoing.

What if Portland police and federal forces are operating within the same area? They will be, because the courthouse is PACT’s only real area of jurisdiction and Portland’s Police headquarters is right across the street. Aside from the obvious need for immediate “call-to-action” if people get hurt or shit catches on fire or any number of catastrophes transpire, there is, as mentioned previously, situations in which federal forces are supposed to immediately contact local authorities involving apprehensions and arrests outside of their federal jurisdiction…and we want that to happen.

Section 133.245 of Oregon Code, outlines how the proper federal forces are to handle arrests in the course of their federal duties. Federal forces can apprehend and arrest someone for probable cause but they must:

(2) The federal officer shall inform the person to be arrested of the federal officer’s authority and reason for the arrest.” Or. Rev. Stat. § 133.245

and:

(a) A federal officer making an arrest under this section without unnecessary delay shall take the arrested person before a magistrate or deliver the arrested person to a peace officer. (b) The federal officer retains authority over the arrested person only until the person appears before a magistrate or until the law enforcement agency having general jurisdiction over the area in which the arrest took place assumes responsibility for the person. Or. Rev. Stat. § 133.245

They must identify themselves, their authority, and declare the reason for an arrest, and they must immediately turn over those arrests to the proper State authorities. We want this to happen. We want to know who the arresting officer is, on what authority, and we want paperwork they will sign off and hand over to the proper authorities. We want an immediate account by the arrested as to what happened regarding these procedures.

If the city removes their cooperation with the Federal Govt, the DHS will likely use that as flimsy justification for not following statutes to the letter; delaying action long enough to get their stories straight as to who did what to whom.

****

There is one court exchange in the ACLU suit I’d like to highlight concerning the need for federal forces in Portland having to be properly trained in order to act as a officer of the law within their state.

By-and-large, U.S. District Judge Michael H. Simon, wasn’t having any of the Fed’s bullshit when it came to justifying roughing up the press or legal observers. The judge pretty much dismantled the Fed’s arguments himself and sent them packing. This-

Simon also asked Warden what type of crowd-control training the federal officers have.

Warden said he wasn’t aware of all the federal units’ specialized training but said the U.S. Customs and Border Patrol’s tactical unit, or BORTAC, has training in dealing with large gatherings. The unit is typically assigned to the southern border ports of entry.

The DOJ attorney wasn’t aware of what training the DHS’s PACT goons had? Wasn’t he there to represent them, and knowledge of this information being a prerequisite to the very reason for the suit? Was he aware of what “all of the federal units” were that he was representing? Is he not aware if there are any BORTAC units represented within the current federal forces present in Portland? Or does he know exactly what PACT is comprised of in Portland and chose not to clarify?

2 thoughts on “Portland, Legal Actions So Far

  1. Hello Sean. I suspect the resolution to stop supporting / assisting the feds was directed at the police union and individual officers who have been publicly supporting the federal actions and even requesting more assistance. Just my opinion. Hugs

    Liked by 1 person

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