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  1. #476
    dangerous floater Winehole23's Avatar
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    Chicago is a GREAT American city, one of the greatest

  2. #477
    dangerous floater Winehole23's Avatar
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    DHS is spreading terror and violence and abusing Chicagoland

  3. #478
    dangerous floater Winehole23's Avatar
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    Not sure if this moots the 9th circuit en banc consideration now that Judge Immergut is issuing a preliminary injunction until the merits ruling on 11/7 -- does this supersede the TRO?

    Not sure if we have any lawyers left in this subforum....

    A. Standing

    First, this Court finds that Plaintiffs have Article III standing to obtain the above injunctive relief on their ultra vires and Tenth Amendment claims.
    Oregon has suffered a concrete and particularized injury based on the federalization of 200 members of Oregon’s National Guard, who otherwise “serve solely as members of the State militia under the command of a state governor.”
    Also, these ordered deployments involve the intrusion of California and Texas National Guardsmen in their capacity as militiamen of those States, which cons utes an injury to Oregon’s “sovereignty under the Cons ution,” let alone to Oregon’s “equal sovereignty among the States.”
    And there is no dispute that Oregon’s sovereign injury is fairly traceable to, and therefore would be redressable by an order enjoining (1) the September 28, 2025 Memorandum federalizing and deploying the Oregon National Guard, Ex. 192; (2) the October 5, 2025 Memorandum federalizing and deploying the Texas National Guard, to the extent that it deploys members of the Texas National Guard in Oregon, Ex. 6; (3) the October 16, 2025 Memorandum deploying members of the California and Texas National Guards in Oregon, Ex. 2; and (4) any memoranda deploying members of any other State’s National Guard to Oregon based on the same predicate conditions that were relied upon to authorize the above orders
    B. Preliminary Injunction

    Next, this Court finds that Plaintiffs are en led to a preliminary injunction on their claims that Defendants’ federalization and deployment of the National Guard in Oregon was ultra vires under 10 U.S.C. § 12406 and violated the Tenth Amendment.
    1. Likelihood of Success

    This Court finds that Defendants’ federalization and deployment of the National Guard in response to protests outside a single federal building in Portland, Oregon, “extend[ed] beyond delegated statutory authority” under 10 U.S.C. § 12406 and violated the Tenth Amendment.
    Applying “a great level of deference to the President’s determination that a predicate condition exists,” id. at 1048, this Court nonetheless concludes that the President’s invocation of Section 12406 was likely not made “in the face of the emergency and directly related to the quelling of the disorder or the prevention of its continuance,” id. (quoting Sterling, 278 U.S. at 400). Critically, the credible evidence at trial established that following a few days in June, which involved the high watermark of violence and unlawful activity outside the Immigration and Customs Enforcement (“ICE”) building in Portland, Oregon, the protests outside the ICE facility between June 15 and September 27, 2025, were generally uneventful with occasional interference to federal personnel and property. Although there were 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 conduct.
    More detailed findings of fact based on the trial testimony and exhibits are forthcoming following this Court’s full review of the record. Based on the trial testimony, this Court finds no credible evidence that during the approximately two months before the President’s federalization order, protests grew out of control or involved more than isolated and sporadic instances of violent conduct that resulted in no serious injuries to federal personnel. The violence that did occur during this time period predominately involved violence between protesters and counterprotesters, not violence against federal officers or the ICE facility. Although card readers at the ICE facility were occasionally damaged, this Court has found no evidence so far, based on the testimony at trial, that any significant damage to the ICE facility occurred in the two months preceding September 28, 2025. The credible testimony has not shown that ICE was unable to effect arrests or otherwise perform the agency’s duties. Although the evidence so far showed that protesters frequently blocked the driveway of the ICE building, the evidence also showed that federal law enforcement officers were able to clear the driveway. And even when the building closed from mid-June to early July due to property damage that occurred on June 12, 2025, ICE’s Enforcement and Removal Operations (“ERO”) office was able to temporarily relocate to another facility in Portland for administrative purposes until the building reopened. ERO officers were still making arrests in the community. Based on these preliminary factual findings, this Court concludes that the President likely did not have a “colorable basis” to invoke either Section 12406(3) or Section 12406(2) to federalize and deploy the National Guard to the Portland ICE facility in Oregon on September 28th
    ...(long, interesting discussion about the legal meaning of rebellion)...

    2. Irreparable Harm

    Plaintiffs have also demonstrated a likelihood of irreparable harm in the absence of preliminary injunctive relief. If a plaintiff is likely to succeed on a cons utional claim, “that showing will almost always demonstrate [the plaintiff] is suffering irreparable harm as well.”
    3. Balance of Equities and Public Interest

    The balance of the equities and the public interest also weigh in Plaintiffs’ favor. “When the government is a party, the last two factors (equities and public interest) merge.” E. Bay Sanctuary Covenant v. Biden, 993 F.3d 640, 668 (9th Cir. 2021). Plaintiffs’ “likelihood of success on the merits of a cons utional claim,” under the Tenth Amendment, “tips the merged third and fourth factors decisively in [their] favor.” Baird, 81 F.4th at 1042; see also id. (“[I]t is always in the public interest to prevent the violation of a party’s cons utional rights.” (quoting Riley’s Am. Heritage Farms v. Elsasser, 32 F.4th 707, 731 (9th Cir. 2022))). “The government also ‘cannot reasonably assert that it is harmed in any legal cognizable sense by being enjoined from cons utional violations.’” Id. (quoting Zepeda v. INS, 753 F.2d 719, 727 (9th Cir. 1983)).


    https://storage.courtlistener.com/re...9270.134.0.pdf
    Last edited by Winehole23; 11-03-2025 at 02:02 AM.

  4. #479
    dangerous floater Winehole23's Avatar
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    For the above reasons, this Court issues the following preliminary injunction: Until this Court issues its final opinion and order resolving Plaintiffs’ request for a permanent injunction, Defendant Secretary Hegseth is preliminarily enjoined from implementing the following memoranda federalizing and deploying members of the National Guard in Oregon:

    (1) the September 28, 2025 Memorandum federalizing and deploying the Oregon National Guard, Ex. 192;

    (2) the October 5, 2025 Memorandum federalizing and deploying the Texas National Guard, to the extent that it deploys members of the Texas National Guard in Oregon, Ex. 6;

    (3) the October 16, 2025 Memorandum deploying members of the California and Texas National Guards in Oregon, Ex. 2; and

    (4) any memoranda deploying members of any other State’s National Guard to Oregon based on the same predicate conditions that were relied upon to authorize the above orders.

    This Court further STAYS IN PART this preliminary injunction to the extent that it enjoins the federalization of any State’s National Guard until this Court issues its final opinion on the merits.

    IT IS SO ORDERED.

    DATED this 2nd day of November, 2025.

    /s/ Karin J. Immergut
    Karin J. Immergut
    United States District Judge

  5. #480
    dangerous floater Winehole23's Avatar
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    hopefully, judges calling bull on Trump's bull emergencies will become more frequent

  6. #481
    dangerous floater Winehole23's Avatar
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    also, federalism upheld by courts

  7. #482
    dangerous floater Winehole23's Avatar
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    "You leave, or I put this grenade right in front of you. I'm perfectly ing legal, ." ICE to a bystander in her car, in front of which he then throws a flashbang before driving away.
    https://eyesupapp.com/video/1e32e9da...4-c92a991cc0ba

  8. #483
    dangerous floater Winehole23's Avatar
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    DHS causing car accidents and arresting the victims for assault seems to be a motif

    As Figuero tried to drive through the 1600 block of West Hubbard Street on Friday, Oct. 10, an unmarked vehicle driven by federal agents collided with Figueroa’s as it tried to speed away from a hostile crowd, multiple videos reviewed by the Tribune show.

    Seconds after the crash, agents abruptly stopped their vehicle and exited with weapons in hand pointing at Figueroa, a U.S citizen. Agents then forcibly opened her door and pulled her out of the vehicle by her legs without identifying themselves, presenting a warrant or informing her that she was under arrest. As bystanders yelled, “You hit her! We have it on video!” agents ignored the crowd and forced Figueroa into a red minivan and drove away.

    Her car was left behind in the middle of the road, her coffee still in the cup holder, and her keys in plain view.

    The Department of Homeland Security later released a statement claiming that Figueroa was at fault, saying “she crashed into an unmarked government vehicle and violently resisted arrest, injuring two officers.”

    Figueroa was released the same day a few hours later without charges.
    “I was in shock and terrified. The video evidence is clear: Agents crashed into me. I was not involved in any protest or related activity, and I intend to seek justice for how I was treated,” Figueroa told the Tribune.
    https://www.chicagotribune.com/2025/...accountability

  9. #484
    dangerous floater Winehole23's Avatar
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    biggest pussies in the world

    Jury selection begins Monday in the trial of former Justice Department employee Sean Dunn, also known as the “sandwich guy,” months after he went viral for throwing a salami sub at a Customs and Border Protection agent in Washington, D.C., at close range.


    In return, prosecutors hit Dunn with a misdemeanor assault charge in August. That came a day after U.S. Attorney Jeanine Pirro’s office failed to persuade a grand jury to indict Dunn on felony charges — a sub-optimal result for prosecutors.

    Dunn pleaded not guilty to the misdemeanor charge in September. The case is proceeding after a judge rejected the government’s motion to delay the trial because of a disagreement over jury instructions.

    Dunn’s lawyers have claimed the case is “selective and vindictive prosecution,” arguing he was singled out for prosecution “not because of the nature of his alleged conduct — throwing a soft object that caused no injury — but because his outspoken, viral critique of the current administration’s policing and immigration policies made him a political target.”

    Federal prosecutors opposed Dunn’s lawyers’ motion to dismiss the charge, writing that Dunn was “recorded throwing a sandwich at a federal officer at point-blank range.”
    https://www.nbcnews.com/politics/tru...guy-rcna241563

  10. #485
    dangerous floater Winehole23's Avatar
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  11. #486
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    ICE shooting a food bank worker in the back has timely significance
    He found out

  12. #487
    dangerous floater Winehole23's Avatar
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    what, that talking to LE causes them to go ape ?

  13. #488
    dangerous floater Winehole23's Avatar
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    two other motifs:

    1.Tricia McLoughlin lying about assaults on federal officers then releasing US citizens without charges;
    2. DOJ making misrepresentations to the court

    DHS causing car accidents and arresting the victims for assault seems to be a motif



    https://www.chicagotribune.com/2025/...accountability
    https://www.courtlistener.com/docket...e-club-v-noem/
    Last edited by Winehole23; 11-03-2025 at 07:03 PM.

  14. #489
    dangerous floater Winehole23's Avatar
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    “Leaving his home in Ontario to work at a food bank Thursday morning, Carlos Jimenez pulled over to warn a group of federal agents that they should wrap up their stop of a car quickly because school-age children would soon gather there to take the bus, his lawyers said Sunday.”

  15. #490
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    and then he found out

  16. #491
    dangerous floater Winehole23's Avatar
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    Kavanaugh raid of an apartment building in Georgetown

    After the raid, the landlord evicted the Latino residents without notice

    https://migrantinsider.com/p/scoop-l...told-to-vacate

  17. #492
    dangerous floater Winehole23's Avatar
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    Residents said law enforcement told them they would receive a form to reimburse damaged doors but none was left behind. “They didn’t leave anything except ammunition,” one said, sharing a photo of an ejected bullet left on the floor of the unit they rent.








    The bullet is most likely .223 or .556 caliber, commonly used in M4 and AR-15 assault rifles, according to firearms experts who reviewed. According to witnesses, federal agents ejected the rounds without firing the weapon.

  18. #493
    dangerous floater Winehole23's Avatar
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    After the raid, the building’s Latino tenants were told by the landlord to vacate by the end of the month without what residents described as the legally required 30-day notice. The property is managed by TranGroup LLC.

  19. #494
    dangerous floater Winehole23's Avatar
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    abducting US citizens exercising their rights in public

    Amanda Trebach, an intensive care nurse who has been trying to keep her migrant patients safe from immigration raids, never expected American law enforcement to use the same kind of violence against her, a U.S. citizen.

    But video filmed and posted by fellow organizers during one confrontation with U.S. Immigration and Customs Enforcement (ICE) in August shows Trebach forced to the pavement and roughhoused by federal agents, who violently arrest and detain her.

    "You don't know who they are. They don't identify themselves. There's no due process,” she told CBC News.

    The incident occurred as Trebach and other members of a Los Angeles activist group called Harbor Area Peace Patrols had been circulating images of licence plates on nondescript vehicles to alert migrant communities to their presence.

    On Aug. 8, volunteers were photographing ICE agents leaving a staging site for raids on Terminal Island, whose Japanese residents were the first in America to be displaced and forcibly detained in internment camps during the Second World War.

    WATCH | 'They’re scared to go out and get groceries,' activist says of migrants:

    Migrant patients in Los Angeles are scared to seek medical care, says nurse
    Amanda Trebach, an ICU nurse and activist with Harbor Area Peace Patrols, says migrants from local communities are avoiding hospitals because masked agents have been known to patrol around them and other public ins utions, looking for people to arrest, detain and deport.

    Shortly after, the officers stopped their vehicle and jumped out; Trebach says they knelt on her head, handcuffed her and threw her into the back of a black van.

    She says ICE “kidnapped” her and told her to stop taking photos.
    “I just said, ‘Let me go. We're here. It's our right to monitor you,’” said Trebach. “I'm a citizen.”

    Trebach was released without charge hours later.

    “As is her cons utional right, Amanda was do enting the movements of the masked kidnappers,” Harbor Area Peace Patrols’ parent organization, Union del Barrio, wrote in a social media post detailing Trebach’s detainment.

    ICE officers themselves have leaned into characterizations of their arrests as abductions. In an incident two weeks later, agents were videotaped taunting Peace Patrol activists from their van saying, “Good morning ladies! A-kidnapping we will go.”
    https://www.cbc.ca/news/world/us-cit...ions-9.6960504

  20. #495
    dangerous floater Winehole23's Avatar
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    and then he found out
    what did he find out, Snake boy?

  21. #496
    Alleged Michigander ChumpDumper's Avatar
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    what did he find out, Snake boy?
    He's too emotionally fragile to answer.

  22. #497
    dangerous floater Winehole23's Avatar
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    too cowardly to unpack his own comments on an anonymous board, I wonder what he's afraid of

  23. #498
    dangerous floater Winehole23's Avatar
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    DHS uses drone videos to make sizzle reels and to claim that there is violence in Chicago, but refuses to hand it over to the court so it can see the evidence for itself

    https://storage.courtlistener.com/re...7571.197.0.pdf

  24. #499
    dangerous floater Winehole23's Avatar
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    DHS lies

    Dayanne Figueroa is a US citizen who was driving in Chicago near a site where federal agents were arresting landscapers. According to DHS she “crashed into an unmarked government vehicle and violently resisted arrest, injuring two officers.” The Assistant Secretary of DHS Tricia McLaughlin (remember that name) said Figueroa “used her vehicle to block in agents, honking her horn,” and that she “struck an unmarked government vehicle…In fear of public safety and of law enforcement, officers attempted to remove her from the vehicle. She violently resisted, kicking two agents and causing injuries. This agitator was arrested for assault on a federal agent.”

    Got it? Figueroa drove into a government vehicle, and the officers arrested her due to public safety concerns, during which she violently assaulted them, causing injury.

    Bystanders took a video. Please take a minute to watch it. It tells a different story.

    https://bsky.app/profile/did:plc:uz5apa2z3jrxhjjzqw5qik65/post/3m4qq4hjjgc2c?ref_src=embed

    The video shows a woman forcibly being dragged from her car after being hit by a larger vehicle, by three armed and masked officials. The officials do not identify themselves. They do not provide a warrant. They advance with weapons drawn, as bystanders yell “you hit her” and “let go of her.” They yank her, barefoot, from the car, and then place their body weight on top of her. If there is violence in this interaction, it is only coming from one party. At no point does the woman look like a credible threat to anyone. There is no exercise of restraint, judgment, or nod to due process or cons utional protections on display by the officers.

    Figueora was arrested. She says she was moved to multiple undisclosed locations, denied access to contact with her family members or a lawyer before being released. Her family discovered what had happened by seeing the video you just watched. She was not charged...
    https://donmoynihan.substack.com/p/whos-threatening-who

  25. #500
    dangerous floater Winehole23's Avatar
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    Trump's war on America is a war against the US cons ution and basic political rights

    https://chicago.suntimes.com/immigra...ing-deposition

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