Protesters Secure Restraining Order and Calls to Sanction Federal ForcesPart of the resistance movement in the United States is to file lawsuits against local and federal policing agencies for their excessive use of force and attacks on journalists and legal observers. Organizations in Portland recently filed a lawsuit against Portland police and federal forces. On July 23, U.S. District Court Judge Michael Simon barred federal law enforcement officers from using force against journalists and legal observers. These observers have been documenting demonstrations and the excessive use of force by police, including the use of tear gas, pepper balls and spray, rubber bullets and "bean bag" munitions -- both cause serious harm and can be deadly -- beatings, and abductions. The temporary, 14-day restraining order also said reporters, photographers and legal observers were exempt from any directives issued to the general public to disperse from areas where protests are taking place. Judge Simon is also requiring that a paper or digital copy of his restraining order be provided to every federal law enforcement officer and agent in Portland, as well as to all who may be sent to the city in the future. He can also extend the order indefinitely. The judge had previously issued a similar order to Portland police as part of the same lawsuit and has now extended it to federal forces -- something supported by city officials. A lawyer for the city said "federal forces have been moving off federal property and they've been using force that the records [show] was not proportionate and not justified under the circumstances." The more general use of excessive force by local and federal forces was not addressed by the ruling. Another lawsuit, still pending, addresses the "overly abusive action" by federal forces against demonstrators. On July 28, the American Civil Liberties Union (ACLU) Oregon, acting on behalf of the alternative newspaper Portland Mercury and 10 individual plaintiffs including journalists and legal activists, said federal law enforcement officers in Portland were violating the terms of the restraining order. The ACLU said that videos, photographs and witness accounts showed that federal officers shot three people, clearly identified as legal observers, in the head, neck and chest with rubber bullets or bean bag munitions. Federal forces also "purposefully" tear-gassed and dispersed journalists. They asked the court to order federal agents identified as attackers to be held in contempt, named, ordered to appear in court and banned from participating in any future armed operations in Oregon. To date this has not occurred. Justice Department lawyers claimed the attacks on demonstrations were needed to "combat hardened rioters" and those against journalists and legal observers were "'unintended consequences' of crowd control." The judge rejected this saying, "Plaintiffs' declarations describe situations including that they were identifiable as press, were not engaging in unlawful activity or protesting, were not standing near protesters, and yet were subject to violence by federal agents." He said evidence provided by the government did not support the use of force against journalists and legal observers. During the court hearing, the judge pressed the Justice Department on whether there is any evidence that people identifying themselves as journalists or legal observers had injured any federal officials or damaged federal property. Their lawyer said the government had not produced any such evidence. Another federal judge based in Portland rejected a request from Oregon Attorney General Ellen Rosenblum to require federal officials to identify themselves when arresting or detaining suspects and to refrain from detaining people without probable cause. The judge said that Oregon had no standing to ask for the restraining order. This means the merits of the case were not addressed only that the Oregon Attorney General is not the person who can make such a request for activities taking place in Portland. Federal forces continue to defy the courts and local and state officials to make this restraining order in Portland ineffective, like an earlier one placing a limited ban on the use of tear gas. U.S. Attorney General William Barr and President Trump continue to defend the violence and brutality, not only in Portland but in cities across the country, encouraging the disregard for court orders. They adhere to the imperialist dictum that Might Makes Right to secure presidential control over policing forces at all levels, federal, state and local. Cease and Desist Order for Fence Erected by Federal ForcesAs a further indication of the continuing conflicts among state, local and federal forces, Portland's Bureau of Transportation (PBOT) filed a cease and desist order on July 23, calling on federal agents to remove the eight-foot fence they erected around the federal court house. The order said it was put up illegally and that it impedes the city's public right of way. This includes "one of the busiest bike routes in the United States." The agency added that it has already begun assessing a maximum fine of $500 for every 15 minutes the fence obstructs the street, which amounts to hundreds of thousands of dollars in penalties. They also said they would remove the fence, though at present it still remains in place. Commissioner Chloe Eudaly, who oversees PBOT, said, "This fence was constructed without permission or permits on public property, and it is both an abuse of public space and a threat to the travelling public. This illegal action will not be tolerated in our community." It was "shameful that unnamed, unannounced federal agents would illegally erect a wall to hide from the people they are sworn to serve, and I have instructed PBOT to closely monitor the federal occupiers' actions for additional violations," Commissioner Eudaly said. (Voice of Revolution)
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