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Portland Rioters Met with Flash Grenades After Torching Police Building, Turley Defends Trump's Right to Send Federal Agents

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Protests and riots have persisted for more than two months in Portland, Oregon following the death of George Floyd, and President Trump has been pushing to calm the chaos by sending in federal agents. 

On Tuesday night, protesters gathered in front of the US Courthouse and the Portland Justice Center where cameras showed police using flash grenades to break up the crowd. 

Tear gas was deployed after demonstrators set fire to the Portland Police Association building. A mass of people outside the federal courthouse began chanting, "No justice, no peace" and "Feds go home."

Protesters even barricaded one of the doors to the courthouse with wooden beams and sandbags.

The president's decision to send federal agents has led to debate over whether or not he has the authority to do that.

At Tuesday's briefing, ABC News journalist Jon Karl questioned White House Press Secretary Kayleigh McEnany about the federal involvement in Portland. He asked, "Where in the Constitution does the president derive the authority to send federal law enforcement officers," when the elected officials reject the assistance.  

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McEnany immediately referred him to the exact location, 40 U.S. Code 1315, which gives Trump and the Department of Homeland Security (DHS) authority to send federal government agencies to cities against the wishes of their local leaders.

"They can be deputized for the duty, in connection to the protection of property owned or occupied by the federal government and persons on that property," McEnany said. "When a federal courthouse is being lit on fire and commercial fireworks being shot at it, being shot at the officers, I think that falls pretty well within the limits of 40 U.S. Code 1315."  

In a follow-up question, Karl asked if President Trump perceives any "limitations to the power" and if "that's a matter of protecting federal property, how far does that power extend to the streets of Portland."

"In the case where you have someone shooting off a commercial-grade firework and then running across the street, we don't believe that extends past the jurisdiction," McEnany added. 

George Washington University Law Professor Jonathon Turley reaffirmed the rights of President Trump to send federal forces that will protect federal property and arrest criminals who commit federal offenses.

"Jon Karl just asked McEnany where in the Constitution does the Trump have the right to send law enforcement into these cities against the will of the local officials," he wrote on Twitter. "It would start with Article II."

Turley added, "This type of deployment to protect federal enclaves and buildings can be done without any special proclamations or orders. It is part of the inherent authority vested in the federal government."

DHS acting Secretary Chad Wolf said on Tuesday that he would withdraw officers "if the violence stops."  

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About The Author

Andrea Morris
Andrea
Morris

Andrea Morris is a Features Producer for The 700 Club. She came to CBN in 2019 where she worked as a web producer in the news department for three years. Her passion was always to tell human interest stories that would touch the hearts of readers while connecting them with God. She transitioned into her new role with The 700 Club in August 2022.