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Trump wins by more than 5 points
Trump wins by fewer than 5 points
The race is basically a tie, gets messy and goes to the courts
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Executive Orders Reach All-Time High
At least Governor Brown is good at something

Congratulations, Governor Kate Brown, on July 21, 2020, you issued the most executive orders in one year in the history of Oregon. Granted, this is an unusual year, but we are barely half through the year.

The winning order isn’t glamorous. Matter of fact, it’s in a series of orders that is issued every other year. Executive Order 20-32 along with 20-31 declares a state of emergency in Morrow, Wheeler, Douglas, Gilliam, Josephine, Crook, Deschutes, Jefferson and Wasco Counties due to unusually low water supplies and hot, dry conditions. The orders include six directives, which are a repeat of duties and assistance that agencies normally operate under. There are no new duties or moneys. It is unfortunate that these counties have to be highlighted in an executive order to receive the service they rightfully deserve anyway.

These same counties were the subject of emergency orders in February through May in 2019 for severe winter storm, heavy snow, ice accumulation, high winds, flooding and landslides. In 2018 there was again a series of drought emergency orders due to low snow pack, precipitation and stream flow, and warming temperatures. Curious, I checked emergency orders for 2017. Any guesses? Yep, there was again a series on severe winter storms.

What is common is a sense of placating these rural counties with words from on high. What is interesting is that in years of elections the emergency on drought and fires running up to the election are issued. Another coincident is in 2019 as these severe storm orders were issued the legislature was passing flood safety and water quality districts for urban growth in Metro in SB 431 and HB 2008. And, in 2018, bills passed focused on water use, reservoirs and transfers under SB 1558.

If the executive orders are an indication of what’s to come, we should prepare for more water restricting proposals in 2021 session. Under Obama Administration, President Obama issued environmental rules to sweep in small water streams under wetland regulations devastating farms. In September, 2019, President Trump rolled back the overreaching rules of the Clean Water Act. What we have seen in Oregon is the majority party is trying to make sure that whatever President Trump does to stimulate the economy with more freedom to operate businesses, will not be instigated in Oregon. We saw this in the passage of HB 2250 during the 2019 session that adopted changes to federal environment laws but limited changes to those federal environmental laws effective on January 19, 2017.

The number of Governor Brown’s executive orders is a clear indication of the power she feels is hers, and is an indication of what the 2021 session will bring if changes aren’t made in November. Who will represent you?


--Donna Bleiler

Post Date: 2020-07-28 23:04:59Last Update: 2020-07-28 23:05:32



Federal Ninth Circuit on the Verge of Change
Once derided, now becoming the home of responsible jurisprudence

The Federal Ninth Circuit Court of Appeals has been widely derided by legal observers for years as the "Ninth Circus" for being the longstanding most overturned appeals court in the federal judiciary.

The times they are a changing. President Obama's Democratic Party's failure to control the Senate during the latter part of his presidency meant that he only has seven appointees remaining on the bench that hears appeals for the western United States. His predecessor, George W. Bush still has nine.

The Court is allowed 29 members, but as they get older, they move to senior status where they help with workload, and the total number of judges is 48. Of the 29, 16 were appointed by Democrat Presidents and 13 by Republicans. Of senior judges eight are Democrat appointees and 11 by Republican presidents.

What's made the difference is the hard work of Senate Majority Leader Mitch McConnell, who has been quietly moving President Trump's appointments nationwide, including the Ninth Circuit. All Federal judges are appointed by the President and confirmed by the Senate. While they are usually described as lifetime appointments, the US Constitution says that they serve during "good behavior" -- a term not defined.

The Ninth Circuit is especially important as it decides appeals from a great swath of western states -- many having to do with environmental or land regulations. A shift in the balance of power on this court could cause a great change in the way cases on these issues are decided.

SeniorityNameStatusAppt. DateAppointed By
1Sidney R. ThomasChief Judge1996-01-04Clinton
2Alfred T. GoodwinSenior Circuit Judge1971-11-30Nixon
3J. Clifford WallaceSenior Circuit Judge1972-06-28Nixon
4Mary M. SchroederSenior Circuit Judge1979-09-26Carter
5Jerome FarrisSenior Circuit Judge1979-09-27Carter
6Dorothy W. NelsonSenior Circuit Judge1979-12-20Carter
7William C. Canby, Jr.Senior Circuit Judge1980-05-23Carter
8Diarmuid F. O'ScannlainSenior Circuit Judge1986-09-26Reagan
9Edward LeavySenior Circuit Judge1987-03-23Reagan
10Stephen S. TrottSenior Circuit Judge1988-03-25Reagan
11Ferdinand F. FernandezSenior Circuit Judge1989-05-22Bush
12Andrew J. KleinfeldSenior Circuit Judge1991-09-16Bush
13Michael Daly HawkinsSenior Circuit Judge1994-09-15Clinton
14A. Wallace TashimaSenior Circuit Judge1996-01-04Clinton
15Barry G. SilvermanSenior Circuit Judge1998-02-04Clinton
16Susan P. GraberCircuit Judge1998-03-19Clinton
17M. Margaret McKeownCircuit Judge1998-04-08Clinton
18Kim McLane WardlawCircuit Judge1998-08-03Clinton
19William A. FletcherCircuit Judge1998-10-09Clinton
20Ronald M. GouldCircuit Judge1999-11-22Clinton
21Richard A. PaezCircuit Judge2000-03-14Clinton
22Marsha S. BerzonCircuit Judge2000-03-16Clinton
23Richard C. TallmanSenior Circuit Judge2000-05-25Clinton
24Johnnie B. RawlinsonCircuit Judge2000-07-26Clinton
25Richard R. CliftonSenior Circuit Judge2002-07-30Bush
26Jay S. BybeeSenior Circuit Judge2003-03-21Bush
27Consuelo M. CallahanCircuit Judge2003-05-28Bush
28Carlos T. BeaSenior Circuit Judge2003-10-01Bush
29Milan D. Smith, Jr.Circuit Judge2006-05-18Bush
30Sandra S. IkutaCircuit Judge2006-06-23Bush
31N. Randy SmithSenior Circuit Judge2007-03-19Bush
32Mary H. MurguiaCircuit Judge2011-01-04Obama
33Morgan ChristenCircuit Judge2012-01-11Obama
34Jacqueline H. NguyenCircuit Judge2012-05-14Obama
35Paul J. WatfordCircuit Judge2012-05-22Obama
36Andrew D. HurwitzCircuit Judge2012-06-27Obama
37John B. OwensCircuit Judge2014-04-02Obama
38Michelle T. FriedlandCircuit Judge2014-04-29Obama
39Mark J. BennettCircuit Judge2018-07-13Trump
40Ryan D. NelsonCircuit Judge2018-10-18Trump
41Eric D. MillerCircuit Judge2019-03-04Trump
42Bridget S. BadeCircuit Judge2019-04-01Trump
43Daniel P. CollinsCircuit Judge2019-05-22Trump
44Kenneth Kiyul LeeCircuit Judge2019-06-12Trump
45Daniel A. BressCircuit Judge2019-07-26Trump
46Danielle J. HunsakerCircuit Judge2019-11-12Trump
47Patrick J. BumatayCircuit Judge2019-12-12Trump
48Lawrence VanDykeCircuit Judge2020-01-02Trump



--Staff Reports

Post Date: 2020-07-28 20:02:12Last Update: 2020-07-28 20:02:22



School Re-opening Guidelines Announced
Spoiler Alert: Unless you live in a very small county, you’re not going back to school

Governor Brown led a press conference today outlining some of the guidelines being developed for re-opening public schools for in-person instruction in the Fall.

Colt Gill, Director of the Oregon Department of Education contrasted comprehensive distance learning with the goal, which he said is, “Our highest priority is to open schools to in-person instruction.”

Dr. Dean Sidelinger, the State Epidemiologist said, “COVID-19 poses much less risk to children age 10 and younger.” He cited the following observations:

Despite these facts, and despite the Governor's cheerleading phrase "We can do this," the outlook for in-person instruction looks bleak. Three levels of metrics to be met before reopening in-person schools, were announced
A reporter at the briefing did some math and asked how Multnomah County -- based on it's current performance -- could ever meet the metrics.

Dr. Sidelinger noted that there is one county that currently meets the criteria, with the exception of the statewide component.

What is the end game? We seem to be starting a cycle of lockdown, release and a rise in the numbers, followed by more lockdown. Are we actually saving lives over the long run, or are we just prolonging the inevitable, as the expense of great damage to the quality of lives and basic economic activity needed to sustain society.


--Staff Reports

Post Date: 2020-07-28 16:46:45Last Update: 2020-07-28 16:47:06



MyBody, My Choice
Here comes another vaccine mandate

A White House petition calling for an investigation into Bill and Melinda Gates has reached 621,609 signatures, qualifying it for response. The petition states, “a worldwide push for vaccines and biometric tracking has been initiated. At the forefront of this is Bill Gates, who has publicly stated his interest in ‘reducing population growth’ by 10 – 15% by means of vaccination.”

The fear that Bill Gates adds to the vaccination issue in the midst of the COVID-19 pandemic only adds to Oregon’s battle against mandatory vaccinations. It came to a head in 2019 when the U.S. had the worst year for measles in 25 years, with more than 700 confirmed cases according to the CDC. Across the river, Southwest Washington was the center for the measle outbreak. The outbreak prompted a host of states to consider stricter rules on vaccines, but few if any went as far as Oregon’s proposal.

Forced vaccinations was a hot item in the 2019 Oregon Legislative session. HB 3063 would have made Oregon’s vaccine laws among the strongest in the nation, eliminating the religious and philosophical exemptions that parents can currently use in order to skip or delay shots. Supporting lawmakers painted the introduction of HB 3063 as a common-sense proposal that would protect young children and those with compromised immune systems.

It wasn’t good enough to do a mass inoculation against measles. Legislation has a tendency to paint a broad brush to capture every event in one swoop. That was the construction of HB 3063 that aroused one of the biggest pushbacks that the Oregon Legislature has seen. The driving force was a group of Slavic communities that testified that they fled to the U.S. for freedom from forced medications. Joining them were religious groups and others that questioned the validity of vaccinations. They pointed to studies, one being conducted by BlueCross BlueShield that shows the millennial generation is the sickest generation in history with 54% having one or more chronic illnesses. They have a 70% chance of death before age 18. Studies point to infant mortality as the highest of any developed country in the world.

Then a freedom of information act request revealed that the CDC commissioned a vaccinated vs unvaccinated study in 1999 with results so damaging they hid it. The data verified what parents have been saying, showing inculpated thimerosal (mercury preservative used in vaccines) as the principle culprit behind the autism epidemic. After a plot to hid the study came to light, they attempted to restrict the data and revealed false findings. In a second attempt, which they thought would vindicate the false results, again proved a shocking 364% increase in autism among African American boys given MMR (measles, mumps, rubella) vaccine in Georgia. And, again the CDC official, Frank DeStefano, ordered the results destroyed, and a sanitized study is now cited in 97 publications as proof that vaccines don’t cause autism.

Despite CDC’s efforts at suppressing the studies, independent scientists and research institutions (including UCLA) have managed to conduct and publish several additional vaccinated/unvaccinated studies since 1999. Those studies indicate high incidence of chronic diseases and brain and immune system injuries among vaccinated compared to unvaccinated clients.

Breeauna Sagdal of the Unified Liberty Coaltion noted,"American children are delaying vaccines, not by choice, but, due to skipped well child visits. We expect to see the results, of delaying vaccines reflected in the data. Time will tell, if SIDS, and infant mortality plummet during this pandemic.”

A vaccine is in the works for the COVID-19 virus, which is to be optional according to President Trump. In Oregon, Democrats still want to add vaccinations as a mandate for every child to attend school. Will they use the pandemic scare to again push their mandate in 2021? The only reassurance to keep vaccinations as an opt-out is to make some changes in November.


--Donna Bleiler

Post Date: 2020-07-27 18:26:18Last Update: 2020-07-29 16:56:35



Social Distancing is Closer on Tri-Met
Maybe the COVID-19 virus doesn’t take the bus

Amidst announcements of numerous additional COVID-19 lockdown mandates by Oregon's Governor Kate Brown was an announcement by the Tri-Met public transit service in the metropolitan area of Portland Oregon which works to offer additional seating capacity for those who might rely on their services. Critics have noted that this might be commendable when looked at without the bigger picture considered- but it may be hypocritical considering stricter mandates on placed on less at-risk rural Oregonians.

Another set of inexplicably divergent guidelines was pointed out by people on Friday who noted that preachers and choir members in churches now have to wear masks when preaching or singing -- even though the Governor routinely takes her mask off when she gives press conferences.

The guidelines announced by Tri-Met are in conjunction with an increase in rider capacity.

Effective Sunday, July 26th, we are increasing the rider capacity on buses and trains. Buses will now carry 19 passengers, or up to 24 if there are couples or families riding together. A MAX car will carry 22 people, or up to 26 with couples and families. WES will carry 25 to 37 passengers, depending on the type of train.

This change is based on the 3-foot physical distancing guidelines for transit previously announced by Governor Brown and the Oregon Health Authority. We held off implementing 3-foot distancing until we could put in place additional safety measures:



--Ben Fisher

Post Date: 2020-07-27 17:43:20Last Update: 2020-07-27 18:26:18



Antifa Plays Dress-up
This may continue to election day

First Antifa rioters show up in Portland wearing yellow shirts pretending to be moms. Now they are pretending to be Veterans. Andy Ngo tweeted, “I recognized a lot of the so-called “moms” as the same Antifa women who dressed in black as recent as a couple days ago. They just put on a yellow shirt now for optics. Most of these people aren’t mothers & many don’t even identify as female.” They are saying that moms and dads are supporting the destruction of their community – really?

This after Mayor Ted Wheeler said he was tear-gassed by federal agents Wednesday night for no reason. But, CBN News contributor Chuck Holton was an eyewitness and said the whole incident was intentionally staged.

To cover up his failure, he authorized Chris Warner, Director, Portland Bureau of Transportation, to issue a letter dated July 23, 2020, to Roy Atwood, Region 10 Administrator, U.S. General Services Administration, with a Cease and Desist demand from Chief Deputy City Attorney Robert Taylor. The letter states, “Unidentified contractors have installed fencing and concrete barriers illegally in the City of Portland’s Right of Way on the streets surrounding the Hatfield Courthouse in downtown Portland. The structures are both unpermitted and represent a hazard to the traveling public particularly along SW Main, which is a major bicycle corridor into the central business district...” The rioters tried to cut down the fencing with a chainsaw, but failing to do so, they have ordered it be removed so protesters have access to the federal courthouse building.

Andy Ngo also tweets “Portland Police found a supply bag of Molotov cocktails and loaded magazine clips at the riot zone area outside the courthouse. Today, a person was shot in the area. Two days ago someone was stabbed.” Rioters are taking it to the next level injuring six federal agents and attempting to burn the building with people in it. Is Portland setting the stage for civil war? Mayor Wheeler has already tried to instigate such an acceleration by suggesting federal agents have live ammo.

This is a terror movie being orchestrated for media to scam the public about what is really happening. These are hired actors and George Soros just added another quarter-billion to the pot for Black Lives Matter. We may feel helpless, but not so. This may continue to election day – the day we have our revenge.


--Donna Bleiler

Post Date: 2020-07-27 09:23:59Last Update: 2020-07-27 09:24:32



Meme of the Week
On second thought...




--Northwest Observer Meme Team

Post Date: 2020-07-26 20:26:21Last Update: 2020-07-29 20:51:06



Where is Oregon State Treasurer Tobias Read?
Read’s silence and inaction is inexcusable.

Editor's note: Jeff Gudman is a Republican candidate for Treasurer of the State of Oregon

In 2016 Tobias Read was elected Oregon State Treasurer. In that time, Oregonians have seen significant issues financially impact Oregon including PERS changes, a Corporate Activity Tax, a proposed Cap/Trade tax and now, COVID-19 economic lockdown and reopening. Whatever one’s political stripes, we can agree these issues have major Treasury policy implications for Oregon. The Oregon Blue Book says, “The Treasurer serves as the chief financial officer and is responsible for the prudent management of billions of taxpayer dollars.” Mr. Read, via the Treasury website, describes himself as “the navigator for sound and responsible financial policy.” If you were paying an individual to serve as financial navigator, would you expect that person to present a clear accounting of the effects of your decisions? I certainly would.

Instead of directly addressing the unprecedented economic blow Oregon has taken from COVID-19, Mr. Read offers hollow platitudes, “...we will get through this...” and “...this is not the time to worry about the stock market numbers (pro-tip: they will go back up).” Oregonians don’t need pandering from their Treasurer. Those most vulnerable among us certainly don’t need stock tips from an unlicensed financial advisor. We need a Treasurer who address’s Oregon’s fiscal challenges openly and directly confronts difficult policy implications. Mr. Read does not publicly speak to hard truths and painful steps. Instead, he pivots to superfluous editorial commentary, or, simply remains silent.

We all have opinions about striking a balance between Oregonians’ lives and livelihoods. The economic and social damage Oregonians are suffering is immense. Although you won’t hear it from Mr. Read, consequences to the state’s fiscal condition are equally dire. Avoiding difficult topics by talking about soft, unrelated issues is an abdication of responsibility caused by misaligned priorities. Mr. Read consistently puts his burning desire to be Governor above his responsibilities as State Treasurer. Why? Because diligently fulfilling his responsibilities as Treasurer and meeting Oregon’s many fiscal challenges might constrain his political positioning relative to his cherished gubernatorial aspirations. Hence, he is conspicuously silent on the enormous economic and social impact to Oregonians.

The health and fiscal impact of COVID-19 is real and is painful to all – whether or not you are sick, know someone who is sick, know family and friends who have been laid-off, or found yourself in one of those positions. As documented by the Oregonian, the economic and health hardships disproportionately impacted some areas and communities more than others. The elderly and other select members of our population are uniquely vulnerable and deserve our unqualified commitment to their continued safety. In Oregon, many employees and small business owners are mere days away from unemployment and financial ruin, the aggregate costs of which may dwarf the potential benefits of extending social quarantine measures.

COVID-19 can kill. So can poverty. This is not economics vs. public health: this is real-time cost/benefit assessment with huge stakes.

When does Oregon’s Chief Financial Officer start talking publicly about reopening and whether or not that approach will achieve the best outcome when all available data, costs and benefits are considered? We deserve details from the Treasurer’s office, not empty platitudes and misguided, unrelated commentary. Oregonians are capable of understanding and weighing risks associated with COVID-19. They also unequivocally support substantial, continued preventive measures that serve those members of our population most at risk. Vague, but politically unassailable mantras of “we will get through this” from the state’s top financial officer are not helpful. Instead Oregonians need a regular update from Mr. Read on the economic and social costs accruing from the lockdown and how Salem is managing taxpayer’s dollars during this crisis. The calculation involved in developing policies that balance lives and livelihoods is challenging. An effective leader combines heart, humility and hard evidence while continuing to inform and engage the public. Mr. Read’s silence and inaction is inexcusable.

It’s time for a new Treasurer in Oregon.

Jeff Gudman
Member – Lake Oswego City Council 2011 – 2018
2016, 2020 Candidate for State Treasurer

Jeff's website is www.jeffgudman.org/
You can email him at JGudman7150@msn.com


--Jeff Gudman

Post Date: 2020-07-26 09:19:11Last Update: 2020-07-26 09:20:13



Portland Burning
How much violence is enough?

“Democrats have made it very clear that they are the party of lawlessness and stand with violence,” said Senate Republican Leader Fred Girod (R-Stayton). “Federal, state and local Democrats continue to defend blatantly violent actions by anarchists by calling them ‘peaceful’.

Mayor Ted Wheeler criticized even his own Portland Police Department and demanded Federal agents to leave Oregon. But, when he attempted to show solidarity with protestors by joining them at the Federal Courthouse, he was met with insults, harassment and throwing projectiles. Oregon Catalyst reports that while the Mayor was being harassed, he was asked whether he would abolish the police – for which he said no.

Senator Girod asks Oregonians, “Does this snapshot of what’s really going on in Portland look ‘peaceful’?”
1. Portland Police Association (PPA) arson
2. Federal officer assaulted while making an arrest during a riot
3. Lasers, glass bottles, paint, rocks and ball bearings thrown at officers
4. Federal officers in Portland may have been permanently blinded by lasers
5. Fireworks launched at the Justice Center
6. Innocent Oregonians are suffering
7. Portland business owners call on city to stop violence

Senator Girod continued, “I have said this before and will say it again: the violent anarchists have completely undermined the efforts of peaceful protests in Portland.” Portland’s reaction to federal agents arresting innocent protesters was addressed by acting commissioner of U.S. Customs and Border Protection Mark Morgan at a press conference saying there are no random arrests. “What this means is, we are not patrolling the streets of Portland, as has been falsely reported multiple times in the past few days… When they identify someone that attacked an agent or vandalized federal property, they don’t immediately wade into the crowd to go arrest him. Instead, they try to track the suspect until he’s separated from rioters.”

Ken Cuccinelli, DHS Acting Deputy Secretary, responds on Fox News, that this mob in Portland is out for blood. “How much violence are they (Portland) willing to tolerate... Only Portland has gone so far and so radical as to withdraw police and protection for citizens.”

Indeed, how much violence is enough before Portland looks around at what has happened to their city?


--Staff Reports

Post Date: 2020-07-25 20:38:42Last Update: 2020-07-25 20:39:03



Meme of the Week
The meming of life




--Northwest Observer Meme Team

Post Date: 2020-07-24 20:24:53



New Restrictions for Worship
“Mandatory” guidelines issued late Friday afternoon

In a notification that was sent only to “Faith Liasion” members (pastors, and other members of the faith community) and subscribers to the Oregon Health Authority Community partner outreach, Governor Kate Brown has issued stricter guidelines governing worship services.

This effectively ends church and allows live stream only. In the case of one church, since the pastor feels it is absolutely necessary to have his lips visible (for the sign language person and personal preference) he is cancelling “live” church and doing livestream only.

One observer noted that these restrictions were not announced during the Governor’s press conference on Wednesday, instead being held for a late-Friday-afternoon release, a time when news is released that its authors hope will not get widespread coverage. Governor Brown has tangled with faith communities already over restrictions placed on worship.

An unnamed legislator noted that the Governor always takes her mask off for her press conferences.

The text of the notice reads,

Hello Faith Leaders,

The Oregon Health Authority, at the direction of Governor Brown, has released updated guidance that may impact your faith community gatherings. New guidance will be in effect beginning today, July 24th.

There are two key areas noted in the order: changes to the statewide face covering mandate, and changes to maximum capacity limitations.

Here are a few highlights:

Face Coverings (includes masks and face shields):
You can find all guidance documents, FAQ's, signage and other resources on OHA's COVID-19 website.

You can find information about the Phased reopening plan and the status of your county on Governor Kate Brown's Safe + Strong website.

As always, please feel free to reach out with any questions.

In partnership,

Faith Liaison Team


--Staff Reports

Post Date: 2020-07-24 19:22:28Last Update: 2020-07-26 17:11:23



Federal Judge Denies Absurd Oregon Lawsuit
Rosenblum restraining order lacked “constitutional minimum”

In the first of what is expected to be a string of successive defeats for Oregon's Attorney General, U.S. District Judge Michael W. Mosman has issued a 14-page ruling on the unusual restraining order request filed on behalf of Oregon's Attorney General Ellen Rosenblum which was asking for federal agents to further verbally identify themselves while arresting rioting protesters in the ravaged downtown Portland Oregon.

Judge Mosman explains thoroughly in his ruling how the suit lacked a “constitutional minimum”, in that it presented little evidence as well as having extensive questions of legality. He also points out in the ruling that Oregon Attorney General Ellen Rosenblum is seeming to suggest that “private kidnappings” may be prompted by the legal arrests made at the violent protests. In what can only be described as a legal smackdown, unbecoming of the State’s Attorney General, Judge Mosman admonished,

“...the state candidly admits that it does not have a shred of evidence that counter-protesters have ever, anywhere, kidnapped a protester or anyone associated with protests. Second, the asserted interest rests on an utterly implausible inference. The State’s reasoning is that counter-protesters, once they learn of seizures of protesters by federal agents, will dress up like police and go out on private missions to kidnap protesters. This despite the fact that such kidnappings are Measure 11 felonies in Oregon, punishable by mandatory minimum sentences of up to 70-90 years in prison.

I do not discount the animosity among these groups and had I been asked to assume that something would result in fist fights, or theft, or destruction of signs, or damage to vehicles, that would have made sense. But the idea that seizures by law enforcement will lead to kidnappings by private parties is a bridge too far.

I put in a similar category the State’s asserted interest in preventing a spate of cases in which protesters mistakenly think the federal agents who are seizing them are actually counter-protest kidnappers. Again, there is no evidence to support such an assertion. The State has not pointed to any instance in which a protester was subjected to state violence because she believed she was resisting a kidnapping. In both instances of a federal seizure it is either admitted or clearly visible that the agents’ uniforms say “Police.” The State further admitted at oral argument that, to its knowledge, counter-protesters have never dressed up as police. Draft.

Finally, the State’s asserted interest here fails the third prong of Lujan: redressability. The State’s requested solution to the kidnapping problem is to require actual federal agents to verbally identify themselves as such, presumably guaranteeing that they are the real deal. But if one is willing to go along with the State’s concerns about copycat kidnappers, it requires me to assume that such nefarious characters are willing to dress up like federal agents and willing to commit the very serious crime of kidnapping, but that they would blanch at the thought of identifying themselves as police. The requested remedy here is a linguistic Maginot line, of no use in the real world.


In light of billions of dollars in cuts to the state budget, Attorney General Rosenblum will have to defend how she is able to find the resources for such trivial -- and what appears to be politically motivated -- lawsuits.


--Staff Reports

Post Date: 2020-07-24 19:20:19Last Update: 2020-07-26 19:16:29



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