Pres. Trump stated his intention to activate Oregon National Guardsmen to protect “war ravaged Portland.” The state then sued. Early Saturday, Oct. 4, U.S. District Judge Immergut issued an order finding that there is no ongoing violence or crisis that would justify a call-up in accordance with 10 U.S.C. §12406. Sec. 12406 specifically allows a President to call up National Guard soldiers in the event of invasion, rebellion or the President is unable to execute the laws of the United States. The court then found explicitly that no such conditions exist. Whatever violence was occurring at the ICE facility in Portland had peaked in June, 2025, months before Pres. Trump called for the Guard. The court’s opinion includes over 11 pages of deep detail regarding the protests in Portland.

The Judge described in great detail the protests that did occur – mostly involving minimal violence. Judge Immergut noted that the issue is not whether the condtions matched the President’s description, but whether his claims were “colorable.” She meant the issue was whether his claims were kind of, sort of close to reality. The Judge found they did not come close to reality. She explained that the President is entitled to a “great deal of deference.” “But ‘a great level of deference’ is not equivalent to ignoring the facts on the ground.” In this sentence, the Judge is saying “do not blow smoke at me.”

DOJ did not help its case by pointing to violence occurring elsewhere. Too, the president’s own statements were simply far beyond what was actually then occurring. The Judge did not say it, but what she meant was the President’s own words suggest his duplicity.

Duplicitous Claims

When both the lawyer and the client are essentially found to be exagerrating, you know your case is lost. The order is clear. The Judge made a specific, detailed finding that there was simply no violence to meet the requirements of Sec. 12406. See Judge Immergut’s decision here. This is a stark example of the dangers of over-the-top claims in any legal brief.

So, later that same day, Secy. of Defense Hegseth’s stated his intention to send the California National Guard and the Texas Guard to Portland. Not surprisingly, that plan got under the Judge’s skin. One party to the lawsuit was ignoring some 11 pages in the order and instead focusing only on the part that said they cannot call up Oregon Guardsmen. Judge Immergut then did something This author has never seen or heard of: she ordered a hearing for 10:00 p.m. Sunday, Oct. 5. At that hearing, she hammered the DOJ attorney, Eric Hamilton, asking why the United States believed they could send Guardsmen from other states to Portland.

Any attorney would, should be embarrassed at having to admit in court a deliberate attempt to circumvent a judge’s order. Hamilton simply argued that he believed the order only applied to Oregon Guardsmen. Even making that argument, he shows himself to lack reading comprehension or is simply dishonest. This attorney is constantly amazed at Trump’s ability to find lawyers so willing to roll the dice with their law licenses. See Politico news report here for more information.

Mr. Hamilton asked the Judge to put her decision on hold, while the administration appeals. Perhaps, ten months ago, the Judge would have said yes, expecting the Dept. of Justice to act responsibly. But, the Judge said no. When you lose your credibility in court, you really do lose your credibility in court.