Preface to this commentary that is dated July 24, 2020. In January 2021, the US passed a law which requires federal military and civilian law enforcement personnel involved in a federal government response to "civil disturbance" to wear visible identification of themselves and the name of the government entity employing them. This was a direct result of events in both Portland and Washington, DC involving unidentified federal law enforcement agents at demonstrations.
COMMENTARY ON EVENTS IN PORTLAND…A US District Judge has issued a temporary injunction barring federal law enforcement officials (I will refer to them as unidentified national paramilitary groups) in Portland from using force against journalists and legal observers who are trying to document the interactions between political activists in the streets and the state law enforcement officials and the unidentified national paramilitary groups. The week prior to this, the same District Judge had ordered local and state law enforcement officials from using force against journalists and legal observers. Oregon has several suits against the federal government ranging from violations of the civil rights of its citizens, to excessive and illegal use of force, to violations of the 10th Amendment. Several of those who were “snatched” off the streets by roaming bands of unidentified paramilitary forces, placed into unmarked vans or rental cars, and detained for varying lengths of time without access to a phone call or legal counsel, are now suing the federal government for violation of their civil rights with the support of the state of Oregon and the American Civil Liberties Union. There are other law suits being filed against the federal government for its actions in Portland. The President has stated he will send in national paramilitary groups to a number of cities led by Democratic Mayors for the purpose of “protecting federal property.” The District Attorney for Philadelphia has indicated that he will arrest and file criminal charges against these unidentified national paramilitary forces should this happen in his city.
So how did we get here? There have been about 55 days of political protests focusing on issues of civil rights, police brutality, and police reform in Portland. While the protests by Black Lives Matter and its supporters have largely been peaceful, there have been a few unidentified protesters taking part in violence (arson and vandalism) and there have been several arrests made over the last 55 days or so (based on eye witness accounts, accounts of actual participants, accounts of family members of my friends, national journalists, and accounts of local law enforcement and government officials). What is clear is that in the case of Portland, where community members are currently meeting with local officials to work out police reforms, the limited violence (arson, vandalism) that had occurred over that past 55 days has worsened with the presence of the unidentified national paramilitary forces who have used violence (less-than lethal munitions, flash-bang grenades, tear gas, pepper spray, and batons) against peaceful protesters. Snatching people off the streets without probable cause and holding them in detention centers reminds me of “los desaparecidos” or "the disappeared" in Chile and Argentina when they were under military dictatorships.
How should this be interpreted? Except for some graffiti, trash can fires, broken glass, and torn down fences it is clear the federal property (courthouse) is not really threatened. Trump has identified cities led by Democratic Mayors which indicates that this is entirely a political stunt and he is getting what he wanted. The violence exacerbated by the unidentified national paramilitary groups can be shown on television which he can then use to promote his law and order re-election campaign. The problem is that while the House is beginning to look into these activities, the Trump-Republican Senate has ignored and enabled these abuses of power. Except for the House, the Courts have been the only check on Trump’s massive abuses of power and corruption since he was elected.
Comments