Portland says federal government used excessive force against peaceful protesters

Portland City Attorney Robert Taylor responded to the U.S. Department of Justice today, saying the federal government is “failing in its solemn duty” to defend the rights of all — “even those with whom the administration disagrees.”

Taylor sent the letter in response to a investigation launched by the federal government after Portland police arrested a right-wing media personality last week for disorderly conduct near the U.S. Immigration and Customs Enforcement facility in South Portland.

The City’s response highlights three key points:

• The federal government is using excessive force against peaceful protesters.
• The federal government favors people who support its policies.
• The federal government is using a long-standing agreement between Portland and the Justice Department for political purposes.

Letter from the Portland City Attorney to the U.S. Department of Justice

Mr. Jonas Geissler

Deputy Deputy Attorney General

Civil Rights Division

Dear Mr. Geissler:

Does the Civil Rights Division of the U.S. Department of Justice still care about the Constitution? Many in Portland and across America have reason to worry about the answer to that question.

In Portland, we appear to be seeing the federal government use force unconstitutionally, in violation of the Fourth Amendment, against otherwise peaceful protesters exercising their First Amendment rights. Examples include:

Furthermore, it appears that the federal government is engaging in prohibited viewpoint discrimination by targeting protesters based on the content of their speech, while favoring those with whom the federal government agrees. For example, it appears that the federal government grants special access to the ICE center to social media “influencers” who favor the federal administration, while forcefully targeting those who use social media to document federal government conduct.

If the Civil Rights Division is concerned about the Constitution, it should ensure that all people – even those with whom the administration disagrees – have the equal protection of the First and Fourth Amendments. Right now, it appears that the Civil Rights Division is failing in its solemn duty in Portland and elsewhere in America.

Additionally, the City of Portland opposes what appears to be an effort by the Civil Rights Division to politically transform the amended settlement agreement into a political weapon in United States v. City of Portland, 3:12-cv-02265-SI. In this case, the Court approved the appointment of an independent monitor for many reasons, one of which was to ensure that the political whims of the federal administration would not be continually used to shift the goalposts and whip the community and our local law enforcement. It is the responsibility of the independent observer to assess compliance with the amended settlement agreement. It is entirely inappropriate for the Civil Rights Division to attempt to use the amended settlement agreement to score political points on behalf of a federal administration that appears “independent of the facts” and willing to make decisions without even “colorable basis” and beyond “the scope of honest judgment.” Oregon v. Trump, 3:25-cv-1756-IM, document 56, pages 22-23. Indeed, based on the federal government’s recent conduct in Portland, it appears that the Civil Rights Division is abusing the amended settlement agreement in bad faith and with unclean hands, which must stop.

Additionally, the day after the U.S. District Court in Oregon issued a temporary restraining order against the deployment of the Oregon National Guard to Portland, the federal government nonetheless dispatched members of the California National Guard to Portland. This action by the federal government appeared intended to circumvent a court order in an attempt to intentionally inflame an already difficult situation created by the federal government itself. Last night, the Court filed an expedited motion for a second temporary restraining order regarding the deployment of the California National Guard, and just minutes before the hearing, Portland learned that the Texas National Guard was also deployed to our city. The district court found that this conduct by the federal administration constituted a “direct violation” of the court’s initial temporary restraining order. This federal disregard of a court order issued by the Oregon District Court should be of great concern to the Civil Rights Division. Fortunately, last night the Oregon District Court granted a new temporary restraining order prohibiting the deployment of any state’s National Guard to Oregon.

If the Civil Rights Division is concerned about the rule of law guaranteed by the United States Constitution, the Division must immediately ensure that the federal government respects and adheres to court orders that are binding on the federal government. However, many Portlanders and other Americans may have reason to worry that the Civil Rights Division is choosing allegiance to a president who is “not committed to the facts” over the rule of law and the Constitution.

Please don’t fail Portland and please don’t fail America. Please investigate – and stop – the federal government’s apparent violations of the First and Fourth Amendments in Portland. Please ensure that the federal government complies with the orders of our federal courts. Please show that the Civil Rights Division cares about the rule of law and constitutional protections guaranteed to all, including those with whom the federal administration appears to disagree politically.

Robert Taylor

Portland City Attorney