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Maximum Overkill

9th Circuit court rules on Trump's National Guard deployment in Portland

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The 9th U.S. Circuit Court of Appeals on Monday ruled that President Donald Trump can deploy Oregon National Guard troops into the city of Portland, delivering a significant victory to the Trump administration as it continues its effort to send federal forces into Democratic-led cities despite a string of recent setbacks in other district and appeals courts.

Judges on the three-member panel ruled 2-1 to authorize Trump's deployment. Judge Ryan Nelson and Judge Bridget Bade, both appointed by Trump, sided with the administration in the majority ruling, with the lone Clinton-appointed judge, Susan Graber, dissented.

"After considering the record at this preliminary stage, we conclude that it is likely that the President lawfully exercised his statutory authority under 10 U.S.C. § 12406(3), which authorizes the federalization of the National Guard when ‘the President is unable with the regular forces to execute the laws of the United States,’" the majority said. 

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But so many people attended "No Kings" protests, didn't they effect change?  :( 

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1 hour ago, jerryskids said:

But so many people attended "No Kings" protests, didn't they effect change?  :( 

Well, it would seem as though the 9th circuit, which is inevitably where the GOP runs when they need a favorable ruling, missed the point. To the surprise of nobody.

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6 minutes ago, Fnord said:

Well, it would seem as though the 9th circuit, which is inevitably where the GOP runs when they need a favorable ruling, missed the point. To the surprise of nobody.

Traditionally, the 9th Circuit is far and away the most progressive, law-ignoring appeals court.  Not surprisingly, they along with the Federal Court are the most overturned by SCOTUS.  This predates the current SCOTUS makeup.

My guess is that Trump lucked out to get two non-whackadoodle-progressives on this panel.  :thumbsup: 

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21 minutes ago, jerryskids said:

Traditionally, the 9th Circuit is far and away the most progressive, law-ignoring appeals court.  Not surprisingly, they along with the Federal Court are the most overturned by SCOTUS.  This predates the current SCOTUS makeup.

My guess is that Trump lucked out to get two non-whackadoodle-progressives on this panel.  :thumbsup: 

This is a huge victory for Trump. Portland is a mess right now. 

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Not for trump, trump is the cause of the riots, he likes this violence, it’s a victory for the citizens of Portland. Trump doesn’t live in Portland, he lives up His . 

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1 hour ago, MDC said:

Hope they clean up the poop! 💩 

You're confusing Portland with Fishtown 💊 

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1 hour ago, Fnord said:

Well, it would seem as though the 9th circuit, which is inevitably where the GOP runs when they need a favorable ruling, missed the point. To the surprise of nobody.

Are you off your gourd? The 9th has been by far the most leftwing circuit for your entire lifetime and its not close. Its inevitably where leftoids go judicial shopping. Trump goes to the fifth.

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4 hours ago, thegeneral said:

Maybe you bltches will STFU about the protestors in one block in Portland now 😂

⬆️ Says the Low T, spun out last word Liberal who can't let it go. 😂

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5 hours ago, thegeneral said:

Maybe you bltches will STFU about the protestors in one block in Portland now 😂

Early bird supper must have been overcooked. The general is grumpy. 

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Hopefully our brave military can crush the dancing inflatables threatening Portland and the very fabric of American society.

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Of course he can. What if the US was invaded? The president of the US couldn't deploy the national guard to defend our land?

Which our land was invaded. This is simple stuff.

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15 hours ago, jerryskids said:

Traditionally, the 9th Circuit is far and away the most progressive, law-ignoring appeals court.  Not surprisingly, they along with the Federal Court are the most overturned by SCOTUS.  This predates the current SCOTUS makeup.

My guess is that Trump lucked out to get two non-whackadoodle-progressives on this panel.  :thumbsup: 

 

14 hours ago, Voltaire said:

Are you off your gourd? The 9th has been by far the most leftwing circuit for your entire lifetime and its not close. Its inevitably where leftoids go judicial shopping. Trump goes to the fifth.

You're both right, I was thinking of the wrong number. My bad.

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It's going to be appealed to the entire 9th circuit, who will probably toss out the 3 judge appeal.  

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43 minutes ago, Mike Honcho said:

It's going to be appealed to the entire 9th circuit, who will probably toss out the 3 judge appeal.  

Of course it will.

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19 minutes ago, jerryskids said:

Of course it will.

And rightfully so-their isn't an insurrection taking place. 

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1 hour ago, Mike Honcho said:

And rightfully so-their isn't an insurrection taking place. 

I hadn't heard that an insurrection was required.  I thought the legal bar was the requirement on forces above and beyond what is normally available.  :dunno: 

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46 minutes ago, jerryskids said:

I hadn't heard that an insurrection was required.  I thought the legal bar was the requirement on forces above and beyond what is normally available.  :dunno: 

And is typically accompanied by a request from the governor of the state in question, based on recommendations from law enforcement. 

What's going on here is (D)ifferent. This isn't protection, it's provocation.

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58 minutes ago, Fnord said:

And is typically accompanied by a request from the governor of the state in question, based on recommendations from law enforcement. 

What's going on here is (D)ifferent. This isn't protection, it's provocation.

Ummm...im confused? 

Are you saying democrats are provoking this? 

Or do you not know what (D)ifferent means? 

 

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27 minutes ago, jonnyutah said:

Ummm...im confused? 

Are you saying democrats are provoking this? 

Or do you not know what (D)ifferent means? 

 

He doesn't know. He's a liberal. 

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1 hour ago, Fnord said:

And is typically accompanied by a request from the governor of the state in question, based on recommendations from law enforcement. 

What's going on here is (D)ifferent. This isn't protection, it's provocation.

We weren't discussing "typical," Honcho and I were discussing the law behind it.

Your rationale is an example of why I said "of course they will," and why the 9th Circuit is the most overturned of the nine.

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45 minutes ago, jonnyutah said:

Ummm...im confused? 

Are you saying democrats are provoking this? 

Or do you not know what (D)ifferent means? 

 

It's (D)ifferent because he's doing it exclusively in Democrat-run cities, predominantly in blue states, with Memphis the only exception. It's (D)ifferent because he's obviously targeting those that he perceives as "enemies" e.g. anyone that didn't vote for him. It's (D)ifferent because MAGA tinfoil hat types (which is most of them, it seems) would have been violently enraged if a Democratic POTUS ever would have done the same. It's (D)ifferent because this has never happened before, under any admin, and the party of "law and order" and "individual rights" and "patriots" has turned into the party of slavish sycophants that have completely inverted their purported beliefs for the sake of belonging to an ugly cult of personality.

Get it yet?

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4 minutes ago, Fnord said:

It's (D)ifferent because he's doing it exclusively in Democrat-run cities, predominantly in blue states, with Memphis the only exception. 

Democrat run cities are the most violent, hence, they need the help. Tough love..

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2 hours ago, Fnord said:

It's (D)ifferent because he's doing it exclusively in Democrat-run cities, predominantly in blue states, with Memphis the only exception. It's (D)ifferent because he's obviously targeting those that he perceives as "enemies" e.g. anyone that didn't vote for him. It's (D)ifferent because MAGA tinfoil hat types (which is most of them, it seems) would have been violently enraged if a Democratic POTUS ever would have done the same. It's (D)ifferent because this has never happened before, under any admin, and the party of "law and order" and "individual rights" and "patriots" has turned into the party of slavish sycophants that have completely inverted their purported beliefs for the sake of belonging to an ugly cult of personality.

Get it yet?

Ok, so you are confused. Got it. 

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18 hours ago, jonnyutah said:

Ok, so you are confused. Got it. 

I am indeed. I am confused as to how millions of Americans can see our tub-a-goo billionaire nepobaby POTUS as anything other than what he presents to us in plain sight every day: An amoral, thieving, narcissistic septuagenarian acting like a toddler that DGAF about anything but himself. Somehow you've convinced yourselves that this guy is worthy of adoration and blind allegiance, to the detriment of all Earthlings.

This will NEVER compute.

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19 hours ago, jonnyutah said:

Ok, so you are confused. Got it. 

You are speaking directly with TDS at work. 

There is no cure for those who have it. It's basically stage 4 cancer of the liberal mind. 

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1 minute ago, seafoam1 said:
19 hours ago, jonnyutah said:

Ok, so you are confused. Got it. 

You are speaking directly with TDS at work. 

There is no cure for those who have it. It's basically stage 4 cancer of the liberal mind. 

Nah, he is just old and dumb. Thought he understood something and basically malapropped it. But he is prideful so he cant admit his error. So now he is on a tangent. 

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Just now, jonnyutah said:

Nah, he is just old and dumb. Thought he understood something and basically malapropped it. But he is prideful so he cant admit his error. So now he is on a tangent. 

His last post is full of TDS. I've seen more than enough from that guy. 

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1 hour ago, jonnyutah said:

Nah, he is just old and dumb. Thought he understood something and basically malapropped it. But he is prideful so he cant admit his error. So now he is on a tangent. 

Let me attempt to explain this in terms you may understand:

Yaknow how them darkies took that ni**er term and started using it toward each other? That's like what I did. I flipped a belittling word on its head. There are some associated terms for this: reappropriation, satire, artistic license among them.

Sorry you don't get it, but your narrow perceptions aren't my problem.

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Quote

 

Appeals court will reconsider decision that allowed Trump to deploy National Guard troops to Portland

The appeals court that paved the way for President Donald Trump to deploy National Guard troops in Portland while the state’s legal case against the administration plays out announced Tuesday it will reconsider its decision.

The Ninth Circuit Court of Appeals agreed to an “en banc rehearing,” where a new set of judges will be assigned to consider the case. The original decision was made by a three-judge panel, but the en banc panel will have 11 judges. A date for the hearing was not set.

Tuesday evening’s decision means the Trump administration will continue to be barred from deploying the National Guard to Portland, four days after a federal judge in Chicago extended an order blocking Guard troops there.

Trump administration says it overstated number of agents in Portland

The day before the federal appeals court agreed to reconsider the case en banc, the Trump administration made what local leaders fighting a deployment are casting as a remarkable admission:

Part of its testimony justifying the need for troops was wrong.

“We deeply regret these errors,” wrote Justice Department attorney Andrew M. Bernie in a Monday letter to the Ninth Circuit Court of Appeals filed in the court record.

In Oregon, “115 (Federal Protective Service) officers have had to deploy to Portland” due to monthsl ong protests outside an Immigration and Customs Enforcement facility there, an official with that agency – which provides security to government-owned properties – said earlier this month in an affidavit in support of a troop deployment.

“The continued deployment of FPS officers in response to the immigration protests stretches an already thin force beyond what is safe and effective,” Regional Deputy Director Robert Cantu said in the affidavit.

Those 115 officers amounted to “nearly a quarter of the agency’s entire FPS capacity,” Trump administration attorneys originally said.

However, this “statement was incorrect,” Bernie acknowledged in the Monday letter, noting only about half that number were agents sent out to provide security.

Oregon told court Trump administration’s math didn’t add up

The Department of Justice only discovered the mistake after it was raised by attorneys for plaintiffs Oregon and Portland, Bernie’s Monday letter says.

The plaintiffs in their own letter to the court noted the numbers in Trump administration filings conflicted with each other, ultimately showing a maximum of 31 FPS officers in the field at any one time.

 

 

They got caught lying. 

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On 10/20/2025 at 4:10 PM, Maximum Overkill said:

The 9th U.S. Circuit Court of Appeals on Monday

It’s already being heard by the Circuit’s 11 judges en banc. So no not yet.

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13 minutes ago, Mike Honcho said:

Trump administration says it overstated number of agents in Portland

The day before the federal appeals court agreed to reconsider the case en banc, the Trump administration made what local leaders fighting a deployment are casting as a remarkable admission:

Part of its testimony justifying the need for troops was wrong.

“We deeply regret these errors,” wrote Justice Department attorney Andrew M. Bernie in a Monday letter to the Ninth Circuit Court of Appeals filed in the court record.

Ah well, you know, it’s hard to count.

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On 10/20/2025 at 4:10 PM, Maximum Overkill said:

"After considering the record at this preliminary stage, we conclude that it is likely that the President lawfully exercised his statutory authority under 10 U.S.C. § 12406(3), which authorizes the federalization of the National Guard when ‘the President is unable with the regular forces to execute the laws of the United States,’" the majority said. 

DHS claims around Portland ICE facility protests appear to not reflect reality 

- The real cherry on top of this sundae is DHS couldn’t verify even one arrest or one assault. Send in the Marines indeed.

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11 hours ago, SaintsInDome2006 said:

DHS claims around Portland ICE facility protests appear to not reflect reality 

- The real cherry on top of this sundae is DHS couldn’t verify even one arrest or one assault. Send in the Marines indeed.

Which is a total lie because all you had to do was watch the live streams to see hundreds getting arrested every weekend. 

Do you watch MSNBC or something??? 

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