Portland says federal government used excessive force against peaceful protesters

Portland City Attorney Robert Taylor today responded to the U.S. Department of Justice, contending that the federal government is "failing its solemn duty" to uphold the rights of all people - "even those with whom the administration disagrees."

Taylor sent the letter in response to an investigationlaunched by the federal government after Portland Police arrested a right-wing media figure last week on charges of disorderly conduct near the U.S. Immigration and Customs Enforcement facility in South Portland.

The City's response makes three key points:

• The federal government is using excessive force against peaceful protesters.
• The federal government is favoring people who support its policies.
• The federal government is weaponizing a longstanding agreement between Portland and the Department of Justice for political purposes.

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

Mr. R. Jonas Geissler

Deputy Assistant Attorney General

Civil Rights Division

Dear Mr. Geissler:

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

In Portland, we appear to be witnessing the federal government engaging in unconstitutional uses of force in violation of the Fourth Amendment against otherwise peaceful demonstrators exercising their First Amendment rights. Examples include:

• Unjustified uses of force, by shoving peaceful veterans and elderly people to the ground.
• Indiscriminate use of impact munitions to disperse an otherwise peaceful crowd.
• Discharging pepper spray directly into the face of an otherwise peaceful demonstrator.

Further, it appears the federal government is engaging in prohibited viewpoint discrimination by targeting demonstrators based on the content of their speech, while favoring those with whom the federal government agrees. For example, it appears the federal government is providing special access to the ICE facility for social media "influencers" who favor the federal administration, while targeting with force those who use social media to document the conduct of the federal government.

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

Further, the City of Portland opposes what appears to be an effort by the Civil Rights Division to politically weaponize the Amended Settlement Agreement in United States v. City of Portland, 3:12-cv-02265-SI. The Court in that case approved an Independent Monitor for many reasons, one of which was to ensure that the political whims of the federal administration would not be used continually to move the goal posts and whipsaw the community and our local law enforcement. It is the Independent Monitor's job to assess compliance with the Amended Settlement Agreement. It is entirely inappropriate for the Civil Rights Division to try to use the Amended Settlement Agreement to score political points on behalf of a federal administration that seems "untethered to the facts" and willing to make decisions without even a "colorable basis" and beyond "the range of honest judgment." Oregon v. Trump, 3:25-cv-1756-IM, Document 56, pp. 22-23. Indeed, based on the recent conduct of the federal government in Portland, it appears the Civil Rights Division is abusing the Amended Settlement Agreement in bad faith and with unclean hands, which must stop.

Moreover, the day after the U.S. District Court in Oregon issued a temporary restraining order against the deployment of the Oregon National Guard in Portland, the federal government nevertheless dispatched members of the California National Guard to Portland. This action by the federal government appeared designed to circumvent a court order in an effort to intentionally inflame an already difficult situation created by the federal government itself. Yesterday evening the Court held an expedited motion for a second temporary restraining order regarding the California National Guard deployment, and just minutes before the hearing Portland learned that the Texas National Guard was also being deployed to our city. The District Court found this conduct of the federal administration to be in "direct contravention" of the Court's initial temporary restraining order. This disregard by the federal administration of a judicial order issued by the District Court of Oregon should be of great concern to the Civil Rights Division. Thankfully, last night the District Court of Oregon granted a further temporary restraining order enjoining the deployment of the National Guard from any state to Oregon.

If the Civil Rights Division is concerned about the rule of law guaranteed by the United States Constitution, the Division should immediately ensure that the federal government respects and adheres to court orders that bind the federal administration. However, many Portlanders and other Americans may have reason to be concerned that the Civil Rights Division will choose allegiance to a president who is "untethered to the facts" instead of the rule of law and the Constitution.

Please do not fail Portland and please do not fail America. Please investigate - and stop -the apparent First and Fourth Amendment violations occurring in Portland by the federal government. Please ensure that the federal administration complies with orders of our federal courts. Please show that the Civil Rights Division cares about the rule of law and the constitutional protections guaranteed to everyone, including those with whom the federal administration appears to disagree politically.

Robert Taylor

Portland City Attorney