Judges signal consent for Trump to deploy troops

Panel from 9th Circuit hears arguments over Oregon's challenge to send Guard to state.

- SONJA SHARP

FEDERAL agents keep protesters away from an ICE facility in downtown Portland, Ore., on Monday.

The U.S. 9th Circuit Court of Appeals appears poised to recognize President Trump's authority to send soldiers to Portland, Ore., with members of the court signaling receptiveness to an expansive new read of the president's power to put boots on the ground in American cities.

A three-judge panel from the appellate court — including two members appointed by Trump during his first term — heard oral arguments Thursday after Oregon challenged the legality of the president's order to deploy hundreds of soldiers to Portland. The administration claims the city has become lawless; Oregon officials argue Trump is manufacturing a crisis to justify calling in the National Guard.

While the court has not issued a decision, a ruling in Trump's favor would mark a sharp rightward turn for the once-liberal circuit and probably set up a Supreme Court showdown over why and how the U.S. military can be used domestically.

"I'm sort of trying to figure out how a district court of any nature is supposed to get in and question whether the president's assessment of 'executing the laws' is right or wrong," said Judge Ryan D. Nelson of Idaho Falls, Idaho, one of the two Trump appointees hearing the arguments.

"That's an internal decision making, and whether there's a ton of protests or low protests, they can still have an impact on his ability to execute the laws," he said.

U.S. District Judge Karin Immergut of Portland, another Trump appointee, previously called the president's justification for federalizing Oregon troops "simply untethered to the facts" in her temporary restraining order on Oct. 4.