A federal judge overseeing a lawsuit aimed at blocking the deployment of Oregon National Guard troops to Portland has agreed to step back from the case due to concerns over impartiality.
U.S. District Court Judge Michael Simon’s decision to recuse himself came after attorneys for the U.S. Department of Justice raised questions concerning his ability to remain unbiased, given that his spouse, Representative Suzanne Bonamici, is a Democratic member of Congress.
In a court filing submitted Thursday, the Justice Department highlighted Bonamici’s outspoken opposition to President Donald Trump’s decision to federalize approximately 200 Oregon National Guard troops.
The troops were intended to guard federal properties in Portland, including the U.S. Immigration and Customs Enforcement Building, located south of downtown. The attorneys asserted that Bonamici’s active role against the troop deployment might create an appearance of partiality in the case.
The filing included a citation from a letter that Bonamici signed along with other Democratic members of Oregon’s congressional delegation, expressing their opposition to the troop deployment.
“We write to reject your decision to deploy troops to Portland, Oregon,” the September 27 letter stated. “We urge you to rescind this decision, and withdraw any military personnel and federal agents you have recently sought to deploy.”
In addition, Bonamici’s significant involvement in the matter was emphasized, as she had participated in a news conference alongside Oregon Governor Tina Kotek just the day before the lawsuit was filed on behalf of Portland and the state. During this news conference, Bonamici referred to Trump’s decision as “a gross abuse of power” and challenged the president’s authority to send troops to the city.
“I was at the ICE facility a couple of days ago,” Bonamici stated. “I was in Portland yesterday on the east side for a meeting and last night for an event. Nowhere did I see one single indication that we need military troops here. I strongly oppose this action by the president.”
Attorney General Dan Rayfield and Portland Mayor Keith Wilson, along with Kotek, announced the lawsuit and a temporary restraining order to block the deployment of the troops soon after Bonamici’s statements at the news conference.
In his response to the Justice Department’s concerns, Judge Simon noted that he did not believe recusal was mandated under either federal law or a code of conduct applicable to federal judges.
However, he ultimately chose to step aside, emphasizing the importance of the case’s focus on the significant constitutional and statutory issues at hand.
The Justice Department raised their recusal concerns only three days following the lawsuit’s initial hearing and less than 24 hours ahead of a scheduled hearing on a restraining order.
As a result of Judge Simon’s recusal, the case has been reassigned to U.S. District Court Judge Karin Immergut, who was appointed by President Donald Trump in 2019.
Simon has served as a federal judge since 2011, having been appointed by former President Barack Obama.
Although the judge has stepped aside, the hearing regarding the temporary restraining order is still set for Friday, and further developments in the case will be closely monitored by both legal experts and the public.
Through a spokesperson, Representative Bonamici has declined to make any comments regarding the situation.
image source from:opb