Fox News propagandists cheered last month when President Donald Trump directed Defense Secretary Pete Hegseth to send 200 National Guard troops to Portland, Oregon, claiming the move was necessary because, in host Jesse Watters’ words, the entire city “has been under siege by antifa for four months.” But a Trump-nominated federal judge blocked the deployment on Saturday, noting that protests in the city have been “small and uneventful” for months and writing that the president’s order “was simply untethered to the facts.”
After Trump deployed the National Guard to Washington, D.C., in August and suggested he would do the same in other U.S. cities, right-wing media spent September trying to turn Portland into the president’s next target. They created and fed the narrative that Portland is a “chaotic city” consumed by “civil insurrection” in which “every weekend is war.” While news reports from the city portrayed the protests as minor, MAGA pundit Steve Bannon told his audience, “Antifa’s burning down Portland every night. … They’ve taken control of Portland.”
The president responded to the overheated commentary of his most zealous supporters. In a September 27 post to Truth Social, Trump ordered Hegseth to send troops to protect “War ravaged Portland” from “Antifa, and other domestic terrorists,” and claimed he was “authorizing Full Force, if necessary.”
But after Hegseth directed 200 members of the Oregon National Guard to the city over the objection of Gov. Tina Kotek, the state of Oregon and the city of Portland sued in federal court, arguing that the president had exceeded his legal and constitutional authority.
District Court Judge Karin Immergut — a stalwart of the GOP legal community who worked on Kenneth Starr’s investigation of President Bill Clinton, served as a U.S. attorney under President George W. Bush, and was nominated to the bench by Trump himself — agreed. On October 4, she issued a temporary restraining order which blocked the deployment.
Trump-appointed judge: Portland protests “were small and uneventful”
Immergut wrote in her ruling that Trump had not met the standard under the statutory authority he invoked, which only allows the president to federalize National Guard units in cases of invasion, rebellion, or when the federal government has been rendered otherwise unable to execute the law.
She explained that contrary to Trump’s depiction of the situation in Portland, her review determined: “As of September 27, 2025, it had been months since there was any sustained level of violent or disruptive protest activity in Portland. During this time frame, there were sporadic events requiring either PPB monitoring or federal law enforcement intervention, but overall, the protests were small and uneventful.”
The judge added that the federal government produced “only four incidents of protesters clashing with federal officers in the month of September preceding the federalization order,” calling these “inexcusable, but they are nowhere near the type of incidents that cannot be handled by regular law enforcement forces.”
She further wrote that the standard the federal government tried to set “would allow the President to call in the National Guard whenever one law enforcement office receives support from another office, which is a routine aspect of law enforcement activity. If the President could equate diversion of federal resources with his inability to execute federal law, then the President could send military troops virtually anywhere at any time.”
Immergut concluded that Trump lacked the statutory authority to federalize the guard in this case “because the situation on the ground belied an inability of federal law enforcement officers to execute federal law,” adding: “The President’s determination was simply untethered to the facts.”
That’s not how Fox presented Portland to its viewers
Fox hosts pulled out the stops to present the city as a violent hellhole crying out for the federal intervention the president had ordered.
“Left-wing terror is at record highs,” Watters declared on his September 29 broadcast. “They’re shooting at Teslas, Trump, Charlie, and ICE. After sending in the Guard into L.A. and D.C., Trump is going for round three — Portland.”
“This weekend, he directed the secretary of war to send 200 National Guardsmen to protect war-ravaged Portland, and he is authorizing them to use full force if necessary, because federal facilities in Portland have been under siege since the start of the summer,” Watters continued, adding, “Every weekend, antifa has been on the warpath.”
Watters claimed two nights later: “Portland has been under siege by antifa for four months. The Guard is there to get things under control, but Portland Democrats say they want to deport the Guard because the protests are mostly peaceful.”
On September 29, host Laura Ingraham similarly claimed that Portland was “getting a dose of Trump-style safety” because an Immigration and Customs Enforcement facility and “the areas around it have been under siege regularly in Oregon, and it continued this past weekend.” She added that Oregon was “rushing to court siding with criminals and against public safety.”
The same night, host Sean Hannity accused Oregon and Portland of “typical radical, predictable left-wing sanctuary state and city lies” because officials there supposedly won’t acknowledge that the “city’s on fire” and consumed by “a whole lot … of violence, lawlessness if you ask me.”
Their arguments are wildly overstated on the facts. But there’s so much more at stake, as Immergut pointed out in her ruling.
“This country has a longstanding and foundational tradition of resistance to government overreach, especially in the form of military intrusion into civil affairs,” she wrote. “This historical tradition boils down to a simple proposition: this is a nation of Constitutional law, not martial law. Defendants have made a range of arguments that, if accepted, risk blurring the line between civil and military federal power—to the detriment of this nation.”
Fox’s star hosts apparently disagree, and are standing with Trump as he tries to send the nation hurtling toward martial law.
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