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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsA Federal Judge Shows How the Courts Should Deal with Trump's Lies
District Court Judge Karin Immerguts opinion shows that courage in judging doesnt require rhetoric or defianceonly the quiet insistence that facts still matter.
âDeferenceâ implies giving the president the benefit of the doubt. But where there is no doubt, there can be no benefit. Immergut refused to credit assertions with no basis in the record. She didnât grandstand or sermonize; she simply applied the law to the facts.
— Harry Litman (@harrylitman.bsky.social) 2025-10-06T14:43:36.766Z
newrepublic.com/article/2013...
https://newrepublic.com/article/201377/oregon-national-guard-federal-judge-trump-lies
District Court Judge Karin Immerguts adroit opinion blocking the administrations plan to deploy National Guard troops to Portland, Oregon, offers a model for how courts should handle the Trump administrations many assertions of emergency power.
Immergut, a Trump appointee, faced the recurring judicial dilemma of the Trump era: how to deal with a president who lies about the conditions that he claims justify granting him extraordinary power. Trump has been prodigal in invoking emergenciesat the border, in cities, even in cyberspacebut nearly all have rested on transparent falsehoods. There has never been an invasion of marauding migrants, or a fentanyl siege, or a crime wave in Washington sufficient to justify federal deployment. Each supposed emergency has been a pretext for asserting powers Congress never gave him. The pattern is as consistent as it is brazen: declare a crisis, invent the facts to match, and dare the courts to stop him.
The tricky question for the courtsone that supersedes politics and partyis how to evaluate the assertions of such a chronic fabulist when the law presumes a good-faith president. Doctrines of deferencejudicial respect for an executives factual determinationsmake sense when that presumption holds. But with Trump, it clearly doesnt.
Thats the backdrop for Immerguts decision. Trump invoked 10 U.S.C. §12406which allows presidents to call in the National Guard of any state to repel an invasion or suppress a rebellionclaiming Portland was war-ravaged by antifa and other domestic terrorists. He called the citys residents professional agitators and crazy people trying to burn down federal buildings. Aide Stephen Miller piled on, calling it an organized terrorist attack that made military intervention an absolute necessity......
Trumps determination, she concluded, failed even that minimal test. The supposed rebellion in Portland was no rebellion at all. Defendants have not proffered any evidence, she wrote, that those episodes of violence were part of an organized attempt to overthrow the government. His claim of emergency was simply untethered to the facts.
In straitlaced judicial prose, thats as close as one can come to calling the president a liar.
Immergut, a Trump appointee, faced the recurring judicial dilemma of the Trump era: how to deal with a president who lies about the conditions that he claims justify granting him extraordinary power. Trump has been prodigal in invoking emergenciesat the border, in cities, even in cyberspacebut nearly all have rested on transparent falsehoods. There has never been an invasion of marauding migrants, or a fentanyl siege, or a crime wave in Washington sufficient to justify federal deployment. Each supposed emergency has been a pretext for asserting powers Congress never gave him. The pattern is as consistent as it is brazen: declare a crisis, invent the facts to match, and dare the courts to stop him.
The tricky question for the courtsone that supersedes politics and partyis how to evaluate the assertions of such a chronic fabulist when the law presumes a good-faith president. Doctrines of deferencejudicial respect for an executives factual determinationsmake sense when that presumption holds. But with Trump, it clearly doesnt.
Thats the backdrop for Immerguts decision. Trump invoked 10 U.S.C. §12406which allows presidents to call in the National Guard of any state to repel an invasion or suppress a rebellionclaiming Portland was war-ravaged by antifa and other domestic terrorists. He called the citys residents professional agitators and crazy people trying to burn down federal buildings. Aide Stephen Miller piled on, calling it an organized terrorist attack that made military intervention an absolute necessity......
Trumps determination, she concluded, failed even that minimal test. The supposed rebellion in Portland was no rebellion at all. Defendants have not proffered any evidence, she wrote, that those episodes of violence were part of an organized attempt to overthrow the government. His claim of emergency was simply untethered to the facts.
In straitlaced judicial prose, thats as close as one can come to calling the president a liar.
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A Federal Judge Shows How the Courts Should Deal with Trump's Lies (Original Post)
LetMyPeopleVote
12 hrs ago
OP
spanone
(140,333 posts)1. K&R
UpInArms
(53,494 posts)2. His claim of emergency was "simply untethered to the facts."
