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Unpacking The Legality Of The Federal Crackdown In Portland

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Federal agents use crowd control munitions to disperse Black Lives Matter protesters at the Mark O. Hatfield United States Courthouse in Portland, Oregon. (Noah Berger/AP)
Federal agents use crowd control munitions to disperse Black Lives Matter protesters at the Mark O. Hatfield United States Courthouse in Portland, Oregon. (Noah Berger/AP)

The latest: Oregon Gov. Kate Brown tweeted today that "the federal government has agreed to withdraw federal officers from Portland."


We discuss the Trump administration and the federal presence in Portland, Oregon, as questions rise about the legality of DHS actions there. What’s legal, what’s still unsettled — and who gets to decide?

Guest

Jeh Johnson, former secretary for the Department of Homeland Security. Partner in the litigation department at Paul, Weiss, Rifkind, Wharton & Garrison LLP. (@PaulWeissLLP)

Barbara McQuade, former U.S. Attorney for the Eastern District of Michigan. Legal analyst for NBC News and MSNBC. Professor at the University of Michigan Law School. (@BarbMcQuade)

From The Reading List

Associated Press: "Source: US, Oregon in talks about pulling agents in Portland" — "The Trump administration has started talks with the Oregon governor’s office and indicated that it would begin to draw down the presence of federal agents sent to quell two months of chaotic protests in Portland if the state stepped up its own enforcement, a senior White House official said Tuesday."

Watch: C-SPAN: "Attorney General Barr Testifies on Justice Department Mission and Programs" — "Lawmakers questioned the attorney general on a range of issues including involvement in the Roger Stone and Michael Flynn cases, police reform and federal law enforcement actions toward protesters."

NPR: "How Is The Federal Crackdown On Cities Sitting With Conservatives?" — "NPR's Steve Inskeep talks to conservative writer Jonah Goldberg about the tepid response from conservatives against the president sending federal troops into cities which have seen violent protests."

Washington Post: "The federal crackdown in Portland is ‘legal.’ That’s the problem with it." — "When Americans worried about their nation veering toward dystopian authoritarianism, no one ever expected those nightmares to involve the Federal Protective Service."

Wired: "The Portland Protests Are a War Zone—but Only on the Internet" — "The Portland, Oregon protests are a block party at the end of the world."

New York Times: "Fact Check: How Violent Are the Portland Protests?" — "Attorney General William P. Barr forcefully defended the federal response to long-running protests in Portland on Tuesday, telling the House Judiciary Committee that the protests had become violent."

New York Times: "How Trump’s Use of Federal Forces in Cities Differs From Past Presidents" — "Federal forces went into Los Angeles to control the Rodney King riots."

This program aired on July 29, 2020.

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