JFalter

At what point does a governor call up their National Guard to oppose the deployment of an out-of-state National Guard?

Judge Immergut isn’t playing around and I suspect will slam the Trump Administration for trying to end-run her order from yesterday blocking Trump’s call-up of Oregon’s National Guard in Portland.

MEMORANDUM FOR THE ADJUTANT GENERAL, TEXAS NATIONAL GUARD THROUGH: THE GOVERNOR OF TEXAS SUBJECT: Calling Members of the Texas National Guard into Federal Service On June 7, 2025, the President of the United States called forth at least 2,000 National Guard personnel into Federal service pursuant to section 12406 of title 10, U.S. Code, to protect U.S. Immigration and Customs Enforcement and other U.S. Government personnel who are performing Federal functions, including the enforcement of Federal law, and to protect Federal property, at locations where violent demonstrations against these functions are occurring or are likely to occur based on current threat assessments and planned operations. On October 4, 2025, the President determined that violent incidents, as well as the credible threat of continued violence, are impeding the execution of the laws of the United States in Illinois, Oregon, and other locations throughout the United States. The President has authorized me to coordinate with you on the mobilization of up to 400 members of the Texas National Guard under section 12406 of title 10, U.S. Code. The orders will be effective immediately for an initial period of 60 days, and be subject to extension, to perform federal protection missions where needed, including in the cities of Portland and Chicago. The Chief of the National Guard Bureau will immediately coordinate the details of the mobilization with you, in coordination with the Chairman of the Joint Chiefs of Staff and Commander, U.S. Northern Command. The mobilized Service members will be under the command and control of the Commander, U.S. Northern Command.

Meanwhile, Hegseth issued a memorandum purporting to federalize members of the Texas national guard for deployment to Portland and Chicago.

The memorandum was just filed as an exhibit on the docket not too long ago. That could explain the delay re: hearing but unclear at the moment....🤷‍♀️

Judge Immergut then set a hearing for 7 pm PT/10 pm ET regarding the second motion for a restraining order.

There's a call-in line for the hearing, but a pre-recorded message is currently repeating "Waiting for your host to join" over and over again.

TBD if we'll get remote access to the hearing.

Oregon then filed a motion for a second restraining order, and the state of California joined Oregon's suit.

Additionally, the government filed a notice of appeal to the 9th Circuit with respect to the first injunction issued by Immergut.

A quick TL;DR for those who haven’t been following along over the past few hours.

Yesterday, a Trump-appointed judge blocked the president’s call-up of Oregon’s National Guard.

Trump tried to circumvent that ruling by sending already-federalized California national guard troops to Portland.

HAPPENING NOW: Emergency hearing before Judge Karin Immergut on Trump's effort to circumvent her temporary restraining order re: Oregon national guard deployment.

I plan to listen in for @lawfaremedia.org.

Follow along (court remote access technology permitting...) ⬇️🧵

If you aren’t following Anna Bower, now is a good time to start. Hearing on National Guard being federalized and sent to Portland, Oregon. Happening in real time.

I will sleep better if this goes the way it’s looking.

🚨 VICTORY: Judge Immergut has GRANTED Oregon and California’s motion to block ALL National Guard troops from being sent to Portland. 👏
She says Trump’s effort to bring CA and TX troops there is in “direct contravention” of her original order. 💪 DAMN RIGHT!

Trump’s attempt to federalize the National Guard in Portland has no legal basis

No invasion
No rebellion
No breakdown of law

He’s using a years-old video to justify a power grab

We @democracydefendersfund.org are in court to stop it

I explained on @weeknightmsnbc.bsky.social👇

Wow. Judge Immergut just issued a second TRO from the bench blocking the deployment of out of state National Guard troops to Portland. This analysis is holding up well👇

1. BREAKING

Judge Immergut, who was nominated by President Trump, has just granted a request by Oregon and California to block the deployment of National Guard troops from Texas and California to Portland.

BREAKING: Judge Immergut has GRANTED a 2nd TRO blocking National Guard from ANY state be sent to Oregon. She was very annoyed the DOJ circumvented her order from yesterday. I'll be joining Adam Klasfeld on Substack live to discuss in a few minutes...

No one is covering the GOP's scheme to rig congressional maps for 2026 as closely as Democracy Docket. It is providing gavel to gavel coverage of the ongoing hearing over whether the Texas gerrymander will be in place for the midterms.

Support its work by subscribing now. hubs.ly/Q03M8rql0

Still waiting for it to trickle down...

More messaging like this please

Sen. Tammy Duckworth: "ICE are raging through the streets of Chicago trying to intimidate everyday ordinary citizens trying to go to school and work. That's not what America is about. It's shameful that the president has instigated this."

ICE admits that up to 50% of arrests in its Chicago raids are "collateral.” These aren't statistics. They are parents taken from their children, neighbors taken from our communities. When does a "collateral" U.S. citizen child's trauma matter? This isn't law enforcement; it's a campaign of terror.

Mike Johnson: “Russ Vought takes no pleasure in this.”

Mike Lee: “Russ Vought has been dreaming about this since puberty.”

Watch the whole episode here: www.youtube.com/live/PkEOK7J...

The Pope, Jane Goodall, and the Nobel Peace Prize committee all came out and said MAGA and Trump are trash.

The thing that makes me the sickest is that these folks don’t even have a shred of compassion. It’s one thing to enforce laws and rules. It’s another to do it gleefully and celebrate the suffering of someone born into poverty and desperation

Just heard on MSNBC from Jasmine Crockett, that the dems will be holding a conference call on Monday. I personally, and many here do to, want our dem lawmakers holding the line! Perhaps we should let Jefferies know our feelings!

He could’ve fought, but he faked bone spurs. So someone else had to go in his place - most likely a working class kid whose daddy couldn’t afford to bribe a doctor. Now he’s talking shit about how it should’ve been fought.

Jared Kushner is going to the Middle East to negotiate a deal on behalf of the U.S. government days after Kushner announced a $55 billion deal between his private equity fund and the Saudi government

One of the most brazen conflicts in history.

SOUTH CAROLINA… “Judge Goodstein was walking on the beach when the fire started. Her husband, Arnie, was in the house with children and perhaps grandchildren. The family had to escape by jumping from a window or balcony...” www.dailymail.co.uk/news/article...

Harmeet Dhillon (DOJ) publicly targeted this judge on Twitter a couple weeks ago.

The director of the FBI glamorizing a vigilante (Punisher) who kills people bc the law isn’t ’strong enough.’ This is clearly fascist symbolism.

Journalists at 3 Newspapers Quit Over Edits to a Charlie Kirk Story

*A Republican lawmaker objected to reference to Charlie Kirk holding “often racist and controversial views” in local Alaska news
*The corporate owner took down the story and edited it
*The journalists resigned

This feels like more and more of our media now.
www.nytimes.com/2025/10/03/u...

It’s true that sometimes the law holds back Trump and affords us some semblance of safety.

But the more we lean into the law as our shield, the more powerful it will become as a sword when Trump changes it in his favor and wields it against us.

Only mass antifascism, legal or not, can save us.