Yet a 3rd (arguably the two lawsuits filed by the ACLU & OR AG are the progeny of this case)
City of Portland
Case No 3:20-cv-01035
Filed on 6/28/2020
link to original complaint it largely centers around the Portland Police & it’s critical
As you’ll note this Complaint can be viewed as the Higgs-Boson re Portland (both State/City & Fed Law Enforcement) clashing with Protestors and the media caught in the middle & targeted by LE:

“they can report on police activities without fear of being targeted for punishment“
On July 1m 2020 Plaintiffs filed a:

”Supplemental Declaration of Matthew Borden in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by All Plaintiffs”
this is the link embedded in the declaration:
July 2, 2020
in light of the circumstances, urgency & supported by some 19 declarations the Federal District Court GRANTED Plaintiffs a TRO (in part), again temporary
-14 days down to the minute which is why you see an actual date & time of day
The July 2, 2020 TRO which enjoined the Police (understand I’m using that as an umbrella to encaptzon the City of Portland PD and other State & Local Law Enforcement) not to belabor this point, it’s important this was strictly tailored to State & Local
Still with me?
KEWL in 2 more tweets I’ll reward you
July 16, 2020 parties jointly filed a Stipulation Order, largely reiterative of the original ”prayer of relief“ except

“Order shall expire on Friday, October 30, 2020, unless otherwise extended by stipulation of the parties.“
Within HOURs the Federal Judge Signed the Stipulation Order (again filed by both Parties) and largely focused to protect our Free Press & Legal “neutral“ Observers
Still with me?
GOOD - July 17, 2020 the Fed District Court granted the Plaintiffs:
“Emergency Motion for Leave to File Second Amended Complaint. Plaintiffs seek to add as defendants the U.S. Department of Homeland Security and the U.S. Marshals Service“
Now that you’ve been really patient, the Plaintiff’s 2nd Amended Complaint

I need to be clear this isn’t about protestors
It’s abt @realDonaldTrump @DHSgov @USMarshalsHQ using violence against Reporters & Legal advisors.
This is NOT what we do in America
You should read paragraphs 75 thru 80 in the 2nd Amended complaint
June 2, 2020 a Legal Observer Ms Maloney & “change in gas”

ht @ptothed1 for brining a thread to my attention I saw the canisters & I remember this section of the 2nd Amended Complaint
this is the @Clypian photographic thread of the various projectiles
It reminded of what I had read earlier today in the 2nd Amended Complaint new gas LE fired at protestors & reporters.
(see the next tweet)
apparently insomnia is side-effect of Covid-19
And yes sometimes I make my own head hurt - some of my bosses joke that my “recall-on-the fly” ability is a super power. I think it’s a curse
Last month Lafayette Sq I tracked down the manufacturer spec sheets & CDC FAQ
and I should probably call it a nite
Y’all get that the oversight tsunami heading towards @DHSgov @DHS_Wolf right?
-3+ lawsuits
-US Attorney criminal referral to main DOJ, Mr La Bella & the rubber bullet that almost killed him
-Portland is just a test run for Trump’s Federal Police Force
. @DHSgov @DHS_Wolf @TheJusticeDept under the authority of Trump’s most dangerous enabler, William P Barr. There is an EO from @realDonaldTrump but I can’t find any viable legal authority. Militarizing the “civilian” Fed Law Enforcement
The Trump Admin usurping State Rights
”...failure of the Department to comply with the Committee’s earlier requests is both troubling and surprising given the Administration’s stated commitment to upholding essential American institutions and the rule of law“
link to yesterday’s letter👇🏻
yesterday’s letter follow up to this July 6th letter
the fact @DHS_Wolf who’s as swampy as they come (use to be a lobbyist) is REFUSING to comply
-subpoena him
-withhold his pay
-hold him in “inherent contempt”
-24 hours in DC jail cell might make him follow the law.
I’m serious
If you’re wondering why -I went from 0-100 I’ve had it @DHS_Wolf
He is a sadistic liar & enabler.
He enjoys being cruel.
He gets off on power.
Congress has the power to withhold his pay & take him in to custody.
So fucking do it
Send the Sgt at Arms & take him in to custody
here’s the link to the July 6th letter
I am serious - send the Sgt at Arms and take @DHS_Wolf into custody
He is gleeful at almost killing a reporter.
@DHSgov is nothing but a toxic frat house of impotent wanna be alpha boys who like power & cruelty
I am embarrassed for the @DHSgov @TheJusticeDept responded to the 2nd Amended Complaint
Heavy on entitlement yet light on substance.
The minimization of their actions & telling the media what they should report
Public Drive
To be fair Fed LEO had injuries too
“75 incidents of property destruction & assaults against federal officers.. May 29, 2020-July 15, 2020...$50+K in damages.. currently 114 federal law enforcement”
Govt oppo conflates the Press w/ protestors
@DHS_Wolf <—NOT senate confirmed
You may not agree with me;
@DHSgov @TheJusticeDept NOT on solid footing.
I expect the Plaintiffs to argue;
Fed Presence ESCALATED
City & OR sovereignty violated by Fed Occupation
Conflating the Press & Legal Observers as protestors not a solid defense
”Acting Sec” <— problematic
Also going to point out @DHS_Wolf violated Federal Records law when he deleted this petulant tweet.
and luckily someone archived it - he done broke another law - y’all
Crime-ing is super hard
I created a mini subthread of various Declarations in support of the TRO & IP.
Trump’s abuse of Office/Power by using @DHSgov firing rubber bullets & tear gas on peaceful protestors AND our Free Press. It is antithetical to REAL America Values
-drops 🎤
WHOA NELLY - NOT unexpected
The City of Portland did NOT hold back
Read highlights:

“Serious and credible allegations have been made that the federal government has effectively kidnapped people off Portland streets, among other abuses of power“
Again this complaint is strictly limited to our Free Press & Legal Observers

“City objects to federal defendants targeting non-violent protesters, reporters, and legal observers. The City also strongly objects to the continued unlawful presence..”
Plaintiffs' Motion for
Temporary Restraining Order (ECF 54 ) is taken under advisement as of July 23, 2020.
the Order with this citation:

"Open government has been a hallmark of our democracy since our nation's founding." Leigh v. Salazar..When wrongdoing is underway, officials
have great incentive to blindfold the watchful eyes of the Fourth Estate“
Independent Journalist
Legal Observers
Civil Rights Groups
Currently in Portland
1st I’m really sorry so many of you have been assaulted
2nd I’m deeply appreciative of your job
NOW more than ever our Free Press should be protected
Here I went ahead & uploaded the TRO to a public Drive.

If my highlights bother you - you can pull it down via this ECF link
Over all the Court granted everything the Plaintiffs requested. This TRO is a good thing
To help you navigate this evening’s TRO -
this subthread of various declarations helpful
In sum the Court found the Federal Defendants arguments (which I previously noted) unavailing
That the Feds were purposefully targeting the media & did so repeatedly

Federal Defendants y’all VIOLATED THE TRO?

“comply with the Court’s TRO... a $500 for every day a journalist or legal observer is shot, beaten, arrested, or intimidated by a federal agent”

cc @DHS_Wolf @DHSgov @USMarshalsHQ @CBPMarkMorgan
The Fed Defendants are purposefully shooting reporters

“...memorandum in support of their motion to hold Defendants U.S. Department of Homeland Security (“DHS”) and U.S. Marshals Service (“USMS”) (together, the “federal defendants”) in contempt of court”
This thread is repeatedly cited in today’s Motion
the videos speak for themselves
This isn’t about the protestors, it’s about OUR FREE PRESS being deliberately shot, tear gassed, pepper sprayed & beaten in violation of the TRO
I am mad & you should be too
None of this is okay.
Our Free Press is critical to document what’s happening but intentionally shooting our Press is absolutely unacceptable
We do NOT do this in America. 
This is another tweet included in today’s Motion;

“In the five nights since this Court issued its TRO, they have managed to shoot at least eight clearly marked journalists and legal observers, one on multiple occasions”
“Declaration of Jonathan Levinson in Support of Motion for Imposition of Sanctions and Finding of Contempt Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service..”
Public Drive👇🏻
“Declaration of Kat Mahoney in Support of Motion for Imposition of Sanctions and Finding of Contempt Against Defendants U.S. Department of Homeland Security and U.S. Marshals Service..“
Public Drive👇🏻
“Declaration of Haley Nicholson in Support of Motion for Imposition of Sanctions and Finding of Contempt Against Defendants”
Public Drive

You get that Fed Agents could have killed this observer? Shot at point blank range
“Declaration of Matthew Borden in Support of Motion for Imposition of Sanctions and Finding of Contempt Against Defendants...”
See recent docket report

(this is a 2 for 1 - TRUST me read the exhibit, next tweet)
Public Drive
I don’t know which reporters are following me - big this is a blanket permission;
If any of these Court filings save you money & time, please feel free to use them sans attribution
I don’t want credit - I want you to have the facts & timely updates. I know you guys are stretched
Exhibit to Matthew Borden Declaration - this is the email string to Federal Defendants specifically at DOJ...
Here to make it easier I created a public folder & moved the various filings for the INDEXMedia TRO
This way all the filings are centralized.
Again if I have any reporters as followers, please feel free to use -especially if it saves you time & money
Tomorrow kids - tomorrow

Scheduling Order by Judge Michael H. Simon. ORDER - The Court sets a Telephone Status and Scheduling Conference for 7/31/2020 at 10:00AM.
the fact that @realDonaldTrump @TheJusticeDept @DHSgov @CBP
@DHS_Wolf & @HomelandKen <—both unlawfully in their @DHSOIG positions? FVRA?
this is NOT OKAY
“I got hit right in the eye," Jennings told CNN, saying he suspects it was a pepper ball”
joint proposed discovery schedule & scope - rogs can be brutal
Remember this only applies to Index & the City & PPD - not applicable to the Fed Defendants
remember Index filed a 2nd Amended complaint to include Fed LE
Public Drive
NOW on to the Federal Defendants- they just docketed a motion of reconsideration & declarations
It will cost you about $3.60 or you can give me a few minutes to pull them down & upload to a public drive
(remember I have an Index Folder on my drive)
here the Govt seeks to portray the Plaintiffs (credentialed Media/Press & Legal Observers) as agitators & working in concert to attack Fed LEO
“Sergio Olmos publicly posted a video to Twitter.. individual was filmed at the protests apparently planning to distribute press passes“
I am gobsmacked by @TheJusticeDept @DHSgov motion for reconsideration
Purposefully conflating protestors & the Press
Fed take ZERO responsibility
“Other individuals purporting to be press or legal observers have been engaged directly in illegal activity“
I could be wrong but I believe the Fed are referring to this video tweeted by @MrOlmos
Again I’m trying to be neutral and stick to the facts but page 4 of @TheJusticeDept @DHSgov motion is at best misleading at worst a blatant lie to the Court
I am genuinely disgusted & offended. @TheJusticeDept @DHSgov disingenuousness & misleading (materially & substantively) is beyond egregious
here read page 9 and pay close attention
TRO dissolved - covert to a PI <— which will immediately be appealed to the 9thCCOAs <—bank on that
Declaration of Andrew Smith - to those who said I was “dead wrong that AG Barr isn’t involved”
Please read the Smith Declaration.
Care to then re-debate?
Maybe you’ll consider a retraction of your specious nonsense?
public drive
Exhibit Declaration of CBP PAO #1

I don‘t mean to sound like a jerk but I don‘t see how this is a winnable argument because if they “violent criminal was posing as a member of the Press” where is the criminal compkaint?
Exhibit Declaration of FPS Badge No. 824
again this was before the TRO was granted
This “Criminal“ isn’t a plaintiff nor had been indentified as a member of the Press
This seems like distraction from the actual bodily violence inflicted on the Plaintiffs
Kids this is WHY you always read every page
Exhibit Declaration of FPS Badge No. 824 - page 2

“Operation Diligent Valor” <— let the FOIA request begin
Also the blindness was temporary but it’s not okay to use lasers or fireworks.
Footnote doxing is BAD
Do NOT freak out - the Government asked to file Dario is documents under-seal because there’s concern if the FPS officers are publicly named - then they would be doxed.
As a practical matter - the Court is correct in granting the Govt request
Dear Reporters
nearly ALL of the Fed Govt (partially redacted) Declarations disclose
US Department of Homeland Security @DHSgov
Rapid Deployment Force for “Operation Diligent Valor“ in Portland Oregon

With respect to the arrest mentioned in two of the declarations
you might want to reread this thread from last weekend
I provided you the criminal complaints & affidavits what is “weird” no mention of “indicta press”
Facts are Fun
Facts are NOT boring
It’s also interesting that @MrOlmos is repeatedly cited in 3 declarations by the Fed Defendants- who materially lied in their declarations stating he’s “not Media”
also worth noting last night no Feds = no riots & no tear gas
you should read his thread
That is one helluva long chamber minutes - no determination made today. The Court directed the parties to file briefs predicated by the following schedule with opportunity for oral arguments in early August.
Thought you should know that on August 7, 2020 at 5:35PM DC local time - IRONY took their last breath - upon the “notice of appearance”...
Proposed & Stipulated Protective Order;

Fed Rule of Civil Procedure 26(c)<—protective orders:
“...discovery is sought may move for a protective order in the court where the action is pending..”
FWIW Page 2 sub paragraphs b) & c) gives me a bit of pause
Laying down a placeholder
My guess is that’s the AI & tracking of personal cell location services. and it’s rather ambiguous
“protect against disclosure of such documents and information, as well as to ensure receipt of all investigative material from certain third party sources”
Beyond that one tiny deviation the Stipulated Protective Order is pretty broiler-plate. Paragraph 11 is also SOP
And nothing immediately jumps out at me but I’m also kind of fried & running on fumes
Apologies I did the Stipulated Protective Order (SPO) out of sequence. Remember in late July IndexMedia filed an “amended Complaint” to include Federal Defendants.
City of Portland PD’s SPO (Doc # 130)👇🏻
It’s largely reiterative👇🏻
A. I am currently the commander of the DHS rapid deployment force.
Q. For Diligent Valor?
A. Yes
Q. And you're also the founder of Takouba Security; is that right?
A. I sold my company and it's shut down, so I'm no longer --
FFS flatten your PDF
FTR none of those yellow highlights or notes are mine - Likely the plaintiffs use the same pdf software as my client/firm which means they should;
flatten it
upload as a read only
I’ll pick this up after 4PM - some of us have a j-o-b
Q —>With regard to the protests in downtown generally, whatever the mission may be there.
A—> “My job is to protect federal facilities from being taken protect the federal employees inside them from being killed or assaulted”
Highlights NOT mine
I’m old enough to remember a PITA account on 7/31/20 that Reporters SHOULD FOIA DOJ & DHS


I was harassed & trolled. The the Depo, it came up >a dozen times. Facts man
See next tweet, I have a present
if ANY REPORTER wants to know the FACTs
Here the deponent both proffered & confirmed - outsourced
DUNs 623707627

@DHSgov contract # 70RFPW20DWA000001
You keep trolling me - at a certain point I’m going to fight back via facts.
I don’t do threads about rumors or ruminating
what I give you are facts born out in Court Filings, Fed Dbases, original docs & a bit on snark.
I don’t get paid for my tweeting or twitter research
Q: Is Diligent Valor over?
A: It is not
Q: So the extra CBP forces are still here?
MR. GARDNER: Objection. To the extent that you can answer counsel's question without divulging information ..subject to the law enforcement privilege
To the who said I was wrong about FPS limitations
I see your BS & raise you👇🏻
Q: Does FPS have authority to enforce a dispersal order against an unlawful assembly on SW 4th Street?
A: Generally No.
On the USNA grad Defendant stated YES excessive force
Interesting- Acharya Deposition transcript below is a brief list of the missing pages:
Now there could be a dozen viable reasons why those pages are not included so it might not be all that nefarious
DeponentGabriel Russell, FPS NW Regional Director
Russell’s 7/31/20 declaration (it’s up thread)
attorney in the DHS Office of the GC gave an in-person overview about the TRO at the 5pm (PST) roll call an estimated 75 to 100 LEOs from;
Now let’s look at the deposition transcript - the orange/yellow highlights are NOT mine
Praise sweet baby Cheesus - compare Russell’s 7/31 declaration to the Aug 4th Deposition
Do you see the numerous deviations?
Plaintiffs filed their Motion for PI

“ an order enjoining Defendants; DHS,...USM
and their agents and employees (collectively, the “federal agents”)...”

I’m a bit tired & so I resorted for a cursory review
IMO Their motion seems pretty reasonable
Well hello insomnia- I see we meet again.
The Government just (like <10 minutes ago) filed their Opposition to the Plaintiffs Motion for a Preliminary Injunction.
Their brief is so poorly written - I started snort laughing 4 sentences in - it’s that bad
This statement is misleading
“Plaintiffs have satisfied none of these requirements”
They submitted
-30+ Declarations
-other social media post as events unfolded.
Conversely Defendants <11 declarations & many included blatant lies. Insane
Well DUH;
plaintiffs do not trust you and by all accounts the Court found your previous argument unpersuasive.
Given the Court granted a TRO & subsequently approved an enlargement of time 14 days for the TRO
Plaintiffs think you’re going to switch & bait🙄
In terms of substantively & stylistically this is an atrocious filing
English is my 2nd language so what’s the Govt Attorneys excuse?
“no standing” & no eminent threat to concrete & particularized injury
Preliminary Injunctions have threshold requirements
I saved you $3.00 - @DHSgov & @TheJusticeDept
have fully adopted @realDonaldTrump tactic;
Lie. Lie some more. When caught pivot to:
Yes we did it, but so what.
Our lord & Cheesus instructed us to dominate the streets, the MSM is “the enemy of the people”
Clearly the @DHSgov & @TheJusticeDept either;
-can’t read the declarations
-or simply refuse to read the dozens of instances particularized in the declarations
-59 xs @realDonaldTrump has tweeted OUR MSM is “the enemy of the people”
I’m curious are you at all concerned that people in your office will leak “point-bracket” like a March Madness bracket
points are accumulated anytime one of your officers shoot or tear gas a reporter?
Technically MAXSent but you approved their recent contracts & deployment
I don’t know if anyone else noticed but the Government Defendants had lodged declarations in UN-redacted form
Which is vexing that in the past 2 weeks the “file under seal” request seems contrived. Yes, I know tiny details are boring (said no sane person)
IMPORTANT🌶sidebar🌶 I said that this admin can NOT be trusted & plaintiffs need to see the PI through
@CBPMarkMorgan @HomelandKen explicitly stated to take email coms “offline”
I know Ken, I know how he operates & oddly a quasi decent attorney
See page 2
If you know WHO Mr Kerlikowske is then you’d understand the perniciousness of the Defendants.
-plaintiffs offered 30+ declarations
-supporting videos/photos
-Govt didn’t contest any of the facts in any declaration. As previously noted the Govt reply sloppy
Sup Dec of Gil Kerlikowske
why I’m a disgusted by @DHSgov response
“I introduced less-lethal weapons..” CBP... “went to the talk with the instructors... substantial training as a commander.. crowd control and use of force.. 11 weeks of training at the FBI”
I just scan my thread and realized I overlooked providing you with a public drive link to Kerilokowske’s August 10 (original) declaration.
Let’s go ahead and fix my inadvertent folly...
Declaration of Athul K. Acharya - Plaintiffs' Motion for Preliminary Injunction Against Federal
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9
Exhibit 10
Exhibit 11
Exhibit 12
It’ll cost you $4.60 to pull it down
I said what I said because I “know” what I know and now you know too:

“... correct copy of an email exchange between
Acting Secretary of the Department of Homeland Security Chad Wolf, Stephen Miller, John Gountanis, and Chad Mizelle, dated 7/29/2020-7/30/2020, Bates-stamped..”
... Res Ipsa Loquitur... I offer zero opinion on this exhibit, this is strictly informational
And I certainly need to find a better way to spend my Friday nights - good lord this is like my 2nd full time job but according to some I have 5 or 8 FT jobs🙃
Yes because reading @DHS_Wolf media memorandum (Exhibit 7) is - exactly what most of us would expect. But I kind of wonder did @FoxNews come up with this propaganda or did it originate from the White House vís-a-vís Stephen Miller
Here because I get it that ECF is expensive

Corrected Declaration of Athul K. Acharya (he was the lead in the various depositions, see upthread for the Depo transcripts) included Exhibits 1 thru 12.
I need to find a better way to spend my Friday Nights
Because yes that’s going to make things so much better for the Federal Defendants - said no sane person ever
I’m not allowed to talk about him - it gets me in a lot of trouble - ergo JD/HQ Voldemort it is...
I do not know how the Fed Defendants respond to this, dozens of
social media post.
It is incredibly difficult to argue against what you can read, see & hear with your own eyes.
remember the court is expected to rule on the preliminary injunction
Let me give you a very small sampling of what the Plaintiffs just filed:
Here I uploaded the plaintiffs notice to a public drive you should be able to click the hyperlinks and then you can get a 1st hand account of what was just submitted to the Court via DVDs
What‘s really important and you should NOT overlook is the various videos tell the boots on the ground which prompted the TRO but important here - how the Fed Defendants repeatedly violated the TRO
hours after the TRO
august 5th👇🏻
I do not understand why @CBP (with @CBPMarkMorgan permission) would file this declaration “attacking & smearing” former CBP Com R. Gil Kerlikowske (at least they didn’t refer to him as a small town police chief) Bishop’s declaration is cheap & unsavory
. @CBPMarkMorgan @CBP attacking a former CBP Com;
Kerlikowske states
it is “inappropriate” to shoot “a 40mm rubber bullet” at anyone “above the waist, much less near the head.” CBP’s Use of Force Policy, signed by him..states that an officer/agent shall not intentionally target”
I’m waiting for the Plaintiffs to present the counter argument to @CBP @CBPMarkMorgan asking them to explain by law what are the internal geographical limitations for CBP?
Since CBP removed the maps on July 2, 2020 
today’s hearing, the Court asked the plaintiffs for additional info or highlight specific declarations of reporters
-we do NOT shoot reporters
-we don‘t brake their bones
This is AMERICA we don’t do this to OUR PRESS yet @CBP @DHSgov DID I am Fing livid
Do NOT come to my TL with they aren’t “real reporters“
Trump has repeatedly said our press is the enemy.
51 tweets👇🏻
the kind of BS @DHSgov @CBP you’d expect in a authoritarian regime like Russia
I would caution against trying to read the “docket tea leaves”, stick to the four corners of the docket

1)Motion for Preliminary Injunction Against Federal Defendants... taken under advisement as of 8/18/2020

2) Court asked the plaintiffs to file (see doc # 154)
So now we wait
Motion to STRIKE Bishop Declaration
kids FOOTNOTE Pg 2🤗
“That tactic is obviously unfair; it violates the Court’s Scheduling Order ..established the briefing schedule for the motion.. part of the federal agents’ broader pattern of withholding evidence”
Plaintiffs make a procedural & substantive argument why the Court should Strike Bishop’s declaration, timeliness & violation of scheduling order
“Bishop declaration, and paragraphs 4-6, 8-16, 20-21, 23, and 25, which rely on materials that the federal agents refused to produce“
Bishop argues.. Kerlikowske’s supposed conclusion “trust that criminal activities during the Portland protests will be limited to harmless non-violent activities” Bishop cites no paragraph of Kerlikowske’s expert declarations ever offered any expert opinion of the sort”
Plaintiffs Motion to Strike - ECF link

or you can pull it down from a public drive.
in non-legalese @CBP @DHS_Wolf @HomelandKen used a Document that wasn’t produced in discovery aka “sandbag” after the hearing. Its dirty & foul
But wait - there’s an updated Plaintiffs declaration
“The federal defendants did not cite any of Plaintiffs’ discovery responses in their opposition brief or at oral argument”
The Fed defendants stalled for >9 days even though discovery was expedited
Here I uploaded the Plaintiffs Declaration - this is important because the ROGs offer a factual snap-shot in time and affirm the Plaintiffs position that @DHSgov @CBP stalled and withheld discovery and that alone warrants the Motion to Strike.
Oh but there’s still more - the Fed Defendants filed their Oppo re Strike and let me tell you - I am embarrassed for the @TheJusticeDept @DHSgov @CBP ”attorneys” their Oppo isn’t something a 1st year would write let alone file. It’s the classic projection
Do you understand the level of subterfuge at play here?
Bishop isn’t an EXPERT

“...contrary deliberately obscure the reality of the
time crunch Defendants faced and unreasonably conflate what is necessary to provide affirmative
fact testimony with rebuttal expert testimony“
Here I uploaded the Fed Defendants Oppo to Motion to Strike Bishop Declaration to a public drive
but I’d like to show you something that will kind of blow your mind - if you read the Fed Defendants filing they embedded a “use of force” handbook
See the redbox - its a hyperlink in the Defendant’s Oppo
it‘s @CBP 2014 “handbook”
The defendants went as far as to saying how the plaintiffs could “run a basic google search” using terms “use of force”
For folks not in the legal community you’re wondering “what’s the BFD” - allow me to show you why it matters
In litigation parties are required to argue from the same set of facts & docs
DHS stating “plaintiffs could run a basic Internet search“
Now here’s another example of me doing what the @DHSgov @CBP @TheJusticeDept said in their opposition:
see the red arrow -that hyperlink take you to this page. Do you see what’s missing?
it actually gets worse
the 2014 CBP Handbook comes up as the 4th hit on a unfiltered “basic google search”
This is WHY our Judicial System has rules & procedures
I’m an unapologetic ahole
This is probably why my bosses keep me around
I’m good at my job👇🏻
And lastly the fact @CBP with the authorization of @CBPMarkMorgan is attacking and smearing former CBP Commissioner - is disingenuous and dishonest. Frankly the CBP just opened Pandora’s Box;
“At the request of Commissioner R. Gil Kerlikowske in 2014...”
Just tucking this August 20, 2020 Preliminary Injunction Subthread in here (give me 2 tweets to explain why)
August 28 2020 - 9thCCOAs STAY as to the federal defendants
-I am sit vexed by the rational
-and the inability to elucidate where the Fed Defendants have a “substantial likelihood of success on the merits”
See 9thCCOAs STAY subthread 👇🏻
Now this might be confusing for some
There were 2 separate TROs and 2 separate PIs
This stipulation ONLY applies to the City of Portland & it’s officers, agents etc
This has ZERO bearing on the Fed Defendants or the 9thCCOAs Stay
I uploaded to a public drive
I’m sorry that I’m being duplicative, it is really important that you understand that this Amended/Stipulated Preliminary Injunction is limited to the City.
And provides yet another example of Feds being intractable/inflexible
To wit (as I was tweeting that) Court fully adopted the proposed changes
Again when parties can meet on common ground it created equitable relief for the parties
Whereas the Feds are proving how lawless they have become bc they are scared of Trump’s rage
To help you understand Document 172 (City of Portland answers to the Plaintiff’s 2nd Amended Complaint - please see below
and no your eyes are not playing tricks on you & trust me the next tweet will blow your mind...
Paragraph 46
City of Portland I had to read it 3xs, I have never seen this kind of admission & it’s STUNNING
“The City further admits that Black people are overrepresented in the criminal-justice system compared to their proportion in the local population”
Dec 17, 2012 Portland & DOJ
“..entered into a settlement agreement, wherein the City agreed to make changes to its police policies, practices and training, and to enhance public oversight, transparency and accountability for incidents involving use of force by Portland Police...”
I uploaded the City of Portland’s response/answers to the Plaintiff’s Second Amended Complaint to a public drive

Or you can pay the $2.30👇🏻

I suppose you’d like the 2012 Portland v DOJ investigation and subsequent settlement?
Sorry had a tiny family matter - someone is gonna get grounded for life
this is public info, Sept 2012 DOJ letter/Report to Portland 12/2010
multiple officers resorted to repeated closed-fist punches and repeated shocking of a subject who was to be placed on a mental health hold.
This link will take you to the September 2012 letter/report DOJ v City of Portland 👇🏻

December 2012
Case 3:12-cv-02265-SI
proposed)settlement agreement👇🏻
This link will take you to the City of Portland & DOJ (ongoing) file👇🏻 
Part of the 2012 “settlement agreement” required the City of Portland to submit to the Department of Justice Tasks
👇🏻Quarterly Update Report August 2020👇🏻
So just to reiterate in reading tonight’s answers by the City of Portland it’s best that you read the answers along with the Second Amended Complaint.
For now I think you are more than caught up and this concludes your file dump (for now)
I’m sorry I know I’m tweeting a lot of Court documents - I have to find a better way to balance the West & East Coast dockets
Just recently the Fed Defendants recently filed their response to the plaintiff’s proposed identification of Fed LEO
it’s a doozie
Generally speaking when the opening salvo is styled like this - not exactly sure not exactly a persuasive argument because
-the plaintiffs did demand to resign the uniforms
-why is it State & Local LEO have zero issue wearing a uniform with their ID & Rank
-so does our military
It’s okay to disagree with me, I won’t take it personally.
I can completely understand why the City of Portland and the Plaintiffs agreed to this stipulated protective order. And yes this will greatly shroud what we the public can see.
Read paragraph 16 (page 8) closely - yes it’s exactly what it states;
“...restrictions on disclosure and use of confidential information shall survive the conclusion of this action and this Court shall retain jurisdiction of this action”
The Trump/Barr @TheJusticeDept in all their glory
This filing is atrocious. Starting a sentence with a conjunction. On style, I’d rate it a -100
In terms of substance;
the meandering rationale, coupled with the heavy reliance of nonsensical verbosity...
The intellectual dishonesty of @TheJusticeDept in their MTD is do brazen. SAC, filed on July 17 doc # 53
Plaintiff Declarations Doc 55, 56, 58-64
DOJ pivots to process & standing issue
This filing is sloppy, with 3 distinct cadences. It’s difficult
Give me a few minutes to read & uploaded
Doc 187 Redacted Declaration of Borden in Support of Plaintiff's Motion for Preliminary Injunction Against Fed Defendants, 61 pgs
Doc 188 Redacted Declaration of Acharya in Support of Plaintiff's Motion for Preliminary Injunction, 95 pgs
sure why not - sorry kiddo # 1 about your college fund
I tapped into it because DJT is a freaking tyrant & it’s important the press is protected
🦋add it to my tab🦋
Link to Doc 187 (with exhibits)
Link to Doc 188 (with exhibits)
Okay so I don’t gum up this thread because as you can see that’s a lot of documents - I’m going to dump each into the IndexMedia “public folder“ link below
You can follow @File411.
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