[U] Chad Wolf — And Ken Cuccinelli — May Now Be PERSONALLY Liable, Under Bivens, For Violating Oregon Federal Court’s TRO…

UPDATED @ 2 PM EDT: the able Judge Simon will hold a scheduling hearing on this contempt motion on Friday, thus: . . .Scheduling Order by Judge Michael H. Simon. ORDER – The Court sets a Telephone Status and Scheduling Conference for 7/31/2020 at 10:00 AM PDT. The Court will provide the parties with a call-in number by email. Ordered by Judge Michael H. Simon. . . . End, updated portion.

In Portland, Oregon it is now immensely clear — from first hand, on-the-ground video feeds — that the “Trump-Stazi” / DHS goon squads are continuously violating the TRO entered just five nights ago. [The plaintiffs will win money, here.]

Overnight, the ACLU lawyers and others moved the federal courts in Portland, to impose personal monetary contempt sanctions, against a host of individuals, in their personal capacity, for willfully violating a standing federal court’s order. Here are all 19 pages (it is now possible — perhaps even probable, if the violations continue — that the class plaintiffs will ultimately take title to Mr. Wolf’s own home, to satisfy all the damages, piling up daily!) — and a bit:

. . . .On July 27, Plaintiffs contacted government counsel to raise these blatant violations. (Declaration of Matthew Borden (“Borden Decl.”), Ex. 1.) Instead of investigating and providing information as promised, the federal defendants claimed that they were unaware of what agents and commanders were involved and offered nothing to extenuate their violations of the TRO. That night, the federal agents heaped on more acts of contempt. (Declaration of Brian Conley (“Conley Decl.”) ¶¶ 19, 20, 22, 25.)

Every day it has existed, federal agents have intentionally violated the Court’s TRO. As a result of the federal agents’ defiance of the Court’s order, the free press remains unsafe while trying to document and observe the cataclysmic violence that federal authorities are inflicting on Portland. The federal agents — and their commanders, whom the Court ordered to be notified of the TRO — are not above the law.

In light of the foregoing facts, and those detailed further below, the Court should find the federal defendants in contempt and (1) prohibit the offending officers from engaging in armed operations in Portland, (2) order the federal agents’ commanders L. Eric Patterson, Richard K. Cline, Mark Morgan, Robert Perez, Rodney Scott, Raul Ortiz, Matthew Albence, Derek Benner, Donald W. Washington, Derrick Driscoll, Chad Wolf, and Ken Cuccinelli to appear and show cause as to why they should not be held in contempt, (3) order additional prophylactic restrictions to ensure that no further violations of Plaintiffs’ rights occur, (4) order fines of sufficient size to coerce the federal defendants’ compliance, and (5) order that the federal defendants pay Plaintiffs’ attorney’s fees for bringing this motion. . . .

This is likely why the administration is suggesting to Oregon’s state government officials that it will shortly withdraw from Portland: Trump cannot even control his own brute squads. F U G L Y.


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