Ninth Circuit Stays Injunction That Allowed Portland Rioters to Pose as Press

The U.S. Department of Justice appealed the injunction.Acting Deputy Secretary of Homeland Security Ken Cuccinelli told the Senate Judiciary Committee earlier this month that rioters had abused the injunction by wearing signs saying “press” — and then launching violent attacks on federal officers.In a district court filing, the Department of Justice provided several explicit examples:For example, a protester carrying a shield that identified him as press was taken into custody for impeding federal officers who were attempting to control the crowd, and was found to be in possession of a gun. #PortlandRiots pic.twitter.com/6r2izscqRM— Andy Ngô (@MrAndyNgo) August 20, 2020In a 2-1 ruling, a panel of Ninth Circuit judges held: “Based on our preliminary review, appellants have made a strong showing of likely success on the merits that the district court’s injunction exempting “Journalists” and “Legal Observers” from generally applicable dispersal orders is without adequate legal basis.”The panel left in place a portion of the lower court order that directed the government and the American Civil Liberties Union, which filed for the injunction, to work together to create football-style jersey numbers for officers to wear so that anyone using excessive force could be identified.Attorney General William Barr celebrated the Ninth Circuit’s decision in a press statement:As the Department of Justice explained in our briefing, federal officers in Portland – like law enforcement in other parts of the country – have confronted aggressive mob violence.