TRO Modification Briefs Due Tomorrow; Hearing Thursday -- On "DHS Storm Trooper" Tactics -- In Portland...

It is rather astonishing. . . that a US District Court is going to have to ORDER the Trump DHS goon squads to identify themselves (never before needed, in three decades of observing federal courts), with at least eight inch high white lettering, on a black background, to be able to prosecute these troops carrying and employing crowd control devices -- all because members of those shock troops have been firing indiscriminately at journalists and lawyers, in clear violation of court order and existing federal law.

But that is likely to be the outcome of Thursday's hearing, even as Trump curtails the number of troops in Portland, day by day. Again, how did we get to the point that rogue groups of unaccountable federal paramilitary squads -- perhaps no longer even controllable by Barr, or Trump. . . are running loose, and refusing to identify themselves, as they beat and attack what are overwhelmingly peaceful protesters? We cannot surrender our system of ordered liberty -- to a totalitarian madman. See this order, entered over the weekend, by the able USDC Judge Michael Simon:

. . . .MINUTES OF TELEPHONE CONFERENCE AND SCHEDULING ORDER

As discussed during the telephone conference held on July 31, 2020, the Court sets the following schedule and issues the following orders:

(1) not later than Tuesday, August 4, 2:00 p.m. Pacific time, the parties may file any further briefing and evidence on whether the existing TRO (ECF [84]) should be extended, either with or without modification, for an additional 14 days;

(2) not later than Wednesday, August 5, 2:00 p.m. Pacific time, the parties may file any further briefing and evidence responding to a party's August 4 filings;

(3) the Court will hear telephonic oral argument on Thursday, August 6 at 10:00 a.m. on (a) whether to extend the existing TRO, either with or without modification, and (b) the Federal Defendants' Motion for Reconsideration (ECF [101]);

(4) the Court will hear argument by telephone on Tuesday, August 18 at 10:00 a.m. on whether to issue a preliminary injunction; and

(5) the parties shall notify the Court by August 3 on whether they have stipulated to a briefing schedule for any preliminary injunction motion. The Court authorizes expedited discovery, as discussed on the record. The Court suspends briefing and consideration of Plaintiffs' Motion for Findings of Contempt and for Sanctions (ECF [85]) pending further order of the Court.

In the parties' briefs due August 4, the parties should address the following:

(1) whether the TRO should be modified to include a requirement that any employee, officer, or agent of any Federal Defendant who leaves the interior of the federal courthouse during a protest while carrying or using any crowd-control device must wear a clearly visible unique identifying code on the front and back of the outside of that person's clothing (with white numbers or letters not less than eight inches in height against a dark background) and a further requirement that a list matching each unique identifying code to the name and unit of that person shall be maintained by counsel for the Federal Defendants but need not be disclosed absent further court order after an opportunity to be heard; and

(2) whether the TRO should be modified to restrict the definition of "Journalist" covered by the TRO to a person who is a professional or authorized journalist and who has been issued a colored and distinctive vest prominently indicating "ACLU Authorized Press" (or other similar words) by the ACLU of Oregon and a further requirement that a list of all persons to whom the ACLU of Oregon has issued such a non-transferable distinctive vest shall be maintained by counsel for Plaintiffs but need not be disclosed absent further court order after an opportunity to be heard.

For the hearing on August 6 at 10:00 a.m., the Court will provide the parties with a call-in number by email. Matthew Borden present as counsel for Plaintiffs. Denis M. Vannier, Naomi Sheffield, and Ryan C. Bailey present as counsel for Defendant City of Portland. Jordan Von Bokern, Alexander K. Haas, and Brigham J. Bowen present as counsel for Defendants U.S. Marshals Service & U.S. Department of Homeland Security. Court Reporter: Dennis Apodaca. . . .

Judge Michael H. Simon presiding. . . .

This is not the way a 240 year old democracy -- one ruled by principles of federalism (that all local crowd control matters should be left to the discretion of local police) should be governed. We must vote this madman from office in November. Our children's lives will depend on it. [See prior post on his torture of defenseless, isolated . . . children, in clear violation of our treaties, and the Eighth Amendment.]

Meanwhile (and tellingly), no shock troops have appeared in Chicago, despite Trump's bluster. He knows we will continue to overwhelm them with peaceful resistance -- in vast numbers; and we will not attack federal facilities, thus removing any legitimate basis for their presence. Our demonstrations -- peaceful, and passionate -- occur at City Hall, with the support of our Mayor. That makes it. . . NOT a federal matter.Out.

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