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In breaking news, the Trump administration and Pete Hegseth were just out foxed by a federal judge in Oregon. We have a late night order by Judge Immergut, the Oregon federal judge presiding over the National Guard issue. This is now her third major issue in the case and she issued a preliminary injunction that's going to last about four days to give her time to draft her permanent injunction, all against the Trump administration's deployment and taking over of state militia National Guard in Oregon. It relates to Oregon, but it has broader implications as the Supreme Court considers this very thing. Judge Immergut, she loves Sunday night late night orders. This is her second one in the case and this is one that could have been avoided if the Trump administration had just agreed to the judge's request that they stop the deployment, continue deployment of the National Guard now that her temporary restraining order had expired for a week to give her time to review the three days of trial testimony from last week, including 750 exhibits and dozens of witnesses. And the Trump administration said no. And she said and then I'll read to you from the order. And she said, well then I'm entering a preliminary injunction against you for the next four days. She didn't even extend the temporary restraining order. She took it up a notch to a preliminary injunction on the scale of injunctions and said fine, you want to make me write an opinion. You're getting it Sunday night. And, and here it is. And I'm going to, and I'm going to cite to the founding fathers and the framers about the dangers of tyranny in a standing army to boot. The foundation of the judge's decision is that the President Trump did not have the ability to invoke a statute called 10 USC 12406 because there was neither a rebellion on the streets of Portland in front of the ICE detention center, nor was he unable to execute law using his regular forces. She also found that he violated the administration, violated the 10th Amendment, giving CO equal sovereignty, equal sovereignty to each of the states blue and red. And that's the basis this will stay in place for four days. And she already told the parties by the 7th of of November, by 5pm Pacific time, I will issue my permanent injunction. Going up the scale. Temporary restraining order is the first level kind of the first level of injunction after an administrative stay. The elements are all the same for injunctions. It just has to do with time. Temporary restraining order last a few days, maybe a week, maybe, maybe a month. You have to show that you're likely to prevail on the merits. And Oregon and California did. You have to show that you have no, you have irreparable harm, meaning you will be harmed in a way that it's unimaginable if you don't. If you, if you, if the other side's bad conduct isn't stopped and that was proven. You have to show that you, you have no money damages, you can't be compensated with money, and that the public interest or the balance of equities tips in your favor. After temporary restraining order, which just expired, you move to preliminary injunction, usually after a full hearing that we just had three day full trial of testimony for the judge to hear. Normally that moves right to permanent injunction, which is the final injunction in the case. Case is now over. Preliminary injunction is until the case is over, but because the Trump administration wouldn't give the judge the time and loves to attack her, she's by the way, a Trump appointee. She said fine, then I'm going to issue the order late on Sunday night and you can live with it for the next four days. I'm Michael Popak, you're on the Midas Dutch Network and Legal af and let's go over this emergency order and what it means even at the United States Supreme Court and at the 9th Circuit because there's lots of moving parts here and spinning plates about the National Guard issue. Let me just read to you first from her opinion. She had already issued before I get there, she had already issued two orders end of September, beginning of October, two different temporary restraining orders. One was to stop the commandeering or takeover of the National Guard because the elements were not present. And the second was to stop sending in National Guard from other states into Oregon. One of those two appeals, one of those two motions got appealed to to the ninth Circuit. The ninth Circuit three judge panel, two Trumpers, one Clinton appointee voted against Immer got the judge and blocked her temporary restraining order, but then blocked their order to give the a full 29 judges of the 9th Circuit time to decide whether they were right. Eventually the majority of the 29 judges in the Ninth Circuit decided that the three judge panel was wrong, that Judge Imbergut was right and they're going to rehear the case. While that's going on, that reinstated Judge Immer got two temporary restraining orders keeping that's why we haven't been reporting on National Guards clashing with civilians on the streets of Portland because of Judge Immerse. She then set a trial, three day evidentiary trial which went on last week that would conclude the case in her her rulings but because the trial had a lot of evidence and then post trial briefs, you know, written legal argument and other argument proposed by the parties after trial is over, she wants to read it. So she told the parties, give me a week. Trump said no. She said, great, I'm going to enter a preliminary injunction. Here we are. Here's what she says on page three. Accordingly, this court determines based on the trial testimony from last week and the exhibits it has reviewed so far that plaintiffs are entitled to a preliminary injunction on their claims. That defendants that's always the Trump administration. Federalization and deployment of the National Guard TO Oregon violates 10 USC 12406 about when you can take over a state militia and the 10th amendment which guarantees sovereignty of the states against the federal government. This court preliminarily enjoins defendant Secretary of Defense Hegseth from implementing the September 28th memo Federalizing and Deploying the Oregon National Guard. The October 5th memoir Federalizing and deploying the Texas National Guard in Oregon. Any other memo he may come up with and then the court will issue its final opinion on the merits, meaning case over, game over. Trump by this Friday, November 7th by 5pm Pacific Time. Ever wake up sweaty, freezing or just plain uncomfortable? The temperature in your bedroom can make or break your sleep. That's why I switched to Miracle Made sheets. They're inspired by NASA technology and use silver infused temperature regulating fabric to help you sleep perfectly all night long. With Miracle Made, you'll sleep at the perfect temperature whether you run hot or cold. These sheets keep you in the comfort zone from the moment you crawl in to the moment you wake up. And here's what I love. They stay cleaner longer thanks to their antibacterial silver technology. Miracle Made sheets stay fresh up to three times longer than regular sheets, meaning fewer odors, fewer wash cycles and way less laundry. They're luxuriously comfortable too. 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Off plus a free three piece towel set. They make an amazing gift and with a 30 day money back guarantee, there's no risk. That's trymiracle.com legalaf code legal af at checkout thanks to Miracle Made for sponsoring this episode. Here's what she says in Terms of the Founding Fathers on page four Oregon has suffered a concrete and particularized injury based on the federalization of 200 members of the Oregon National Guard who otherwise served solely as members of the state militia under the control of the Governor. Defendants commandeered these state officers to enforce a federal law enforcement program at the Portland ICE facility in violation of the 10th Amendment. Also, these ordered deployments involve the intrusion of California and Texas National Guardsmen in their capacity as militiamen of those states, which constitutes an injury to Oregon's sovereignty under the Constitution, let alone Oregon's equal sovereignty among the states. You can't be overrun by another state's National Guard. Quoting Shelby county versus Holder and then then she cites the Founding Fathers. There was a widespread fear that a national standing army posed an intolerable threat to individual liberty and to the sovereignty of the separate states. Citing Perpich vs. Department of Defense from 1990, a Supreme Court case which referred to the sentiments of James Madison, Patrick Henry and Alexander Hamilton. Also citing another case chronicling the provisions of the Constitution that enshrined the state's residuary residuary and invaluable sovereignty. That's what we're talking about here. States rights as the deference to the President, which is always an issue. You know, the ninth Circuit got wrapped around its axle recently about how much deference to give to Trump to call a rebellion a rebellion when it's not at a rebellion, or to call out the troops or any of the facts on the ground. Here's what here's what Judge Immer got again, a Trump appointee has to say with that applying a great level of deference to the president's determination that a predicate condition exists, this court concludes that the President's invocation of section 1246 was likely not made in the face of the of the emergency and directly related to the quelling of disorder and prevention of its continuance. Critically, the credible evidence at trial established that following a few days in June which involved the high watermark of violence outside the immigration building in Portland, the protest outside ICE facility between June and September were generally uneventful, with occasional interference to federal personnel and property. Although there was sporadic instances of unlawful behavior, federal law enforcement along with local law enforcement were able to manage the situation and arrest and prosecute those responsible for criminal contact conduct, citing to trial testimony by the Portland Police Bureau in which they implemented new guidance and enhanced communications with the federal protective Services to assist with protest. So the federal officers out in front of ICE, coordinating with local police were able to do their job. So not only did you not have the right for the president to send in the armed forces, the regular forces of the military, he didn't also need backup, triple backup in the form of taking over the state National Guard. That's the argument now on the she then goes through what's a rebellion and why it's not a rebellion and all the rest of that. She's she's going to keep this preliminary injunction in place until for four days and then she's going to issue a permanent injunction once and for all. Could Trump appeal this preliminary injunction? He might. He might try to do that. I don't think he'll be successful because he's got a brick wall in front of him. Called the Ninth Circuit, the Ninth Circuit. The majority of the 29 judges of the Ninth Circuit already sided with Judge Immerse in a prior related ruling on temporary restraining order and are rehearing that case. So I think the earlier appeal is sort of moot because it's now moved on from temporary restraining order to preliminary injunction. I think if Trump's going to file anything, he should file a new emergency injunction of the Ninth Circuit and then we'll see what the Supremes do. The Supremes have asked Supreme Court has asked for further briefing about what regular forces mean as that term is used in 12, 406-12-406. You can only take over the National Guard if you have an outside invasion. Like, like Venezuela invaded America or Mexico. We don't have that. There's a rebellion. I don't think anybody believes there is a rebellion. You know, people in chicken suits is not a rebellion. And, or they, or naked bicycling through the streets of Portland. Or three, the president through, through the use of regular forces cannot execute the laws, the federal laws. You don't have that because you have the testimony that Federal Protective Service officers in front of ICE in coordination with local law enforcement were able to stop any interference. So he doesn't get to roll out the armed forces. He never rolled out the armed forces, which is the military, the army, the Navy, the Marines and the National Guard. I mean the, the Coast Guard. And therefore you don't get the call for backup of taking over the state sovereignty National Guard. That is the argument. And that's the argument that's here and the one the Supreme Court has asked for additional briefing on for their case coming out of the 7th Circuit in Chicago. We'll cover it all. Here's an update this week. On Wednesday, come over to legal a f YouTube where we're going to do the live stream of the oral argument, the landmark oral argument about Donald Trump's tariffs and whether the, the even this Maga 6 on the Supreme Court is going to allow Donald Trump to steal tariff power from Congress. Not sure about that, but I'll know better when we all watch that oral argument together. In the meantime, come over to Legal a substack, hit the free subscribe button. And also consider becoming a paid member of Substack, where I post all of these orders and these motions for you to read along with other commentary and analysis. And thank you, thank you for helping us cross the 900,000 subscriber barrier on Saturday. It's all because of you. We're on our march for 1 million subs. The bigger we are, the more street cred we have as a Legal AF body ecosystem to get you the interviews you want, to get you the analysis you want, to get you the contributors you want. Help us. There's. So until my next report, I'm Michael Popak.
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That's why we formed the Legal AF substack. Every time we mention something in a hot take, whether it's a court filing or a oral argument, come over to the substack. You'll find the court filing and the oral argument there, including a daily roundup that I do called Wait for it Morning af. What else? All the other contributors from Legal AOFF are there as well. We got some new reporting, we got interviews, we got ad free versions of the podcast and hot takes where Legal AF on substack. Come over now to free subscribe.
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