These stinging judicial rebukes -- of Trump's lawless police state actions -- continue to pile up. This man and his mini-mes are just one long undulating crime-spree snake.
At the head, I must specifically mention one dirty federal trick, here: after oral argument, the Federal Defendants realized that a renown expert's opinion (Mr. Kerlikowske -- a 47 year veteran of riot control situations -- and a decorated police officer, commander, captain and chief) about the unreasonably violent approach the DHS special forces agents took. . . was damaging to Team Trump chances. So. . . the Feds filed a non-rules-compliant subsequent "Declaration of Chris A. Bishop" -- purportedly, the “Acting Director/Deputy Director of DHS” (though he has exceeded his temporary-appointment stay authority, and thus all his acts are a nullity unless and until the Senate approves his appointment -- which will not happen now, not before November 3, 2020). The Feds then asked the Judge Simon to accept this declaration as an expert rebuttal to the two declarations of Mr. Kerlikowske (a former Portland Police Chief). Yesterday, the press plaintiffs and their lawyers moved to strike Mr. Bishop’s declaration.
The wise Judge simply tonight mooted it -- he held that the declaration of Mr. Kerlikowske was far more persuasive (see the page 23 footnote) than the declaration of Mr. Bishop. Game. Set. Match.
In any event, here is the cogent 61 page opinion, just entered in Portland's federal district courts -- and a bit:
. . .The declarations submitted both before and after the TRO also describe that because of the Federal Defendants’ conduct, journalists and legal observers were forced to stop newsgathering, documenting, and observing for minutes, hours, or days due to injury and trauma. This includes Mr. Haberman-Ducey being unable to observe due to his broken hand, Mr. Rudoff being unable to return for two days due to being shot in the leg, Mr. Conley having to take some time away because he could “barely walk” after his injuries, Ms. Elsesser stating that she would refuse further assignments in Portland unless she was provided with a bullet proof vest because of her injuries, Mr. Hollis leaving early after he was shot, and Ms. Jeong leaving earlier than she had planned. . . .
For example, the video from Mr. Conley from July 24, 2020, from the time count of approximately 6:30 to 7:40, supports the finding that he was targeted. Federal agents fired on him when he was not near protesters, after he had repeatedly identified himself as press, after many federal officers had returned to the courthouse and were safe from the volatile situation of apprehending the woman and the man who had attempted to interfere with the woman’s apprehension, and after the pan of Mr. Conley’s camera showed that the nearest person was another photographer. The next two nearest people were yards away and were on one side a medic behind a shield and on the other side a single protester yelling taunts. A federal officer shone a bright light at Mr. Conley, making his and his neighboring photographer’s press status even more identifiable, and then fired at Mr. Conley. . . .
Now you know -- bring on my right to vote -- we will end this lawlessness -- and permanently, too -- come November 3, 2020. Grinning, just the same. . . .
नमस्ते
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