'Material factual error': 9th Circuit reverses victory for Trumpadmin in National Guard case after discovery shows feds lied about troops
Oregon's Thursday filing explains the panel's earlier decision-making when granting the Trump administration the stay, at length:
The panel majority held that defendants were likely to prevail under 10 U.S.C. ยง 12406(3) because the record showed a colorable inability to execute federal law. Central to that determination was the majority's acceptance of defendants' averments that protests had forced the redeployment of115Federal Protection Service officers, "nearly 25% of FPS officers nationwide," to Portland. The dissent noted that defendants' declaration on the actual extent of the deployment was "carefully worded" to the point of "vague." But defendants' counsel emphasized at oral argument the "magnitude" and "unsustainab[ility]" of having115FPS offices redeployed; then, when asked directly whether all115officers remained in Portland, counsel stated only that "some" had gone home but "many" remained.
Those numbers, as it turns out, were greatly exaggerated.
In discovery produced Wednesday night, the government "admitted that115FPS officers have never been redeployed to Portland." Rather, the Beaver State says, "[o]nly a fraction of that number was ever in Portland at any given time before the President's directive."
Citing four separate time frames, the discovery showed deployments of27troops,31troops,29troops, and20troops in Portland at any given time between the middle of June and end of October.
( =107, and not far off of 115โฆ.107 is a marker)
https://www.msn.com/en-us/news/us/material-factual-error-9th-circuit-reverses-victory-for-trump-admin-in-national-guard-case-after-discovery-shows-feds-lied-about-troops/ar-AA1Pbyv0?ocid=msedgdhp&pc=LCTS&cvid=1b5548f908184e78d6b23c591b699692&ei=24
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Is it just me,or does this seem like comms? The numbers of 107 v 115 are not far off from each other, and this seems like an odd reason to overturn.
POTUS dines with Japanese PM on Tuesday, and Q115 corresponds to a Japanese Restaurant.