A three-judge panel of the 9th Circuit Court of Appeals in San Francisco, in a 2-1 preliminary decision , ruled that the threat to federal property is sufficient grounds for to federalize state National Guard troops and deploy them to Portland, Oregon.

“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,'” two judges appointed by President Trump wrote, saying the Trump relied on an “assessment of the facts and law within a ‘range of honest judgment.’”

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