Kotek, Rayfield sue over federal troops in Portland

PORTLAND, Ore. (KOIN) — Continuing a unified front, Oregon Gov. Tina Kotek, Attorney General Dan Rayfield and Portland Mayor Keith Wilson held a joint press conference Sunday to announce new litigation following President Trump’s announcement he would deploy federal troops to Portland.

Rayfield said the request for a temporary restraining order was filed at 2 p.m. Sunday, slightly more than 4 hours after learning Trump invoked Title 10, which allowed him to order the deployment of the Oregon National Guard to Portland.

Rayfield said the plaintiffs are the State of Oregon and the City of Portland in the request for a temporary restraining order filed in the District Court of Oregon.

“We hope to be in front of a judge within a week,” Rayfield said.

Earlier Sunday, the Secretary of Defense sent a memo to Governor Kotek authorizing 200 members of the Oregon National Guard to perform federal functions for 60 days, including protecting federal property “where protests are occurring or likely to occur.”

“The president is either purposefully ignoring the reality on the ground in Portland to score political points, or at best, is recklessly relying upon social media gossip,” Rayfield said. “The president’s actions today only serve to further divide us as a nation, as a community, under the guise of caring about public safety, caring about public safety. That means cooperation and partnership with leaders asking us, ‘What do we need in terms of public safety?'”

Kotek said this was a “sad day for Oregon, a sad day for the United States.” The governor, who is the commander-in-chief of the Oregon National Guard, is no longer in charge of them since Trump invoked Title 10.

“Putting our own military on our streets is an abuse of power and a disservice to our communities and our service members, regardless of who is directing their deployment,” Kotek said. “I want everyone to remember that the Oregon National Guard is made up of Oregonians who are citizen soldiers, who are our neighbors and our friends, and I will use everything in my authority to support them as Oregonians, and I will have their back again.”

Pressed for details about what Trump is thinking, Kotek was direct.

“I don’t know what he is thinking. We have zero details,” the governor said. “This is un-American.”

Rayfield later added he is proud to be associated with attorneys general from around the country in drawing “a line in the sand” in these attacks on free speech and the rule of law.

Watch in player below: Full press conference from September 28, 2025

“In America, we don’t use our United States military on our own citizens except in extreme circumstances,” Rayfield said. “It’s actually un-American, if you think about it, to use the military against our own citizens. but that’s exactly what’s happening right now across our country, from California to DC to Memphis to Illinois and now to Portland.”

Kotek said again she’s been in touch with other governors across the country, including Illinois’ JB Pritzker and California’s Gavin Newsom, over this ongoing “abuse of power.”

She also made the point Trump may be getting outdated information.

“We cannot be looking at footage from 2020,” she said. Trump saying the federal courthouse is under attack in Portland “is simply not true.”

Asked if there was any plan to go to Washington to meet with the president, Rayfield turned it around. He offered to drive the president around with the governor and the mayor to show how vibrant Portland is.

“We’ll make a day of it.”

What the lawsuit states

In a statement released on Sunday, Rayfield said: “Sending in 200 National Guard troops to guard a single building is not normal. If you had a concern about safety at your own home, you’d make a few calls and fill the gaps — not call in an army. What we’re seeing is not about public safety, it’s about the President flexing political muscle under the guise of law and order, chasing a media hit at the expense of our community.”

The lawsuit argues the president lacks authority under 10 U.S.C. §12406, which permits federalization of the Guard only in circumstances of invasion, rebellion, or when federal laws cannot otherwise be executed. None of those circumstances exist in Oregon.

The complaint further argues that:

• The federalization order is based on a baseless and hyperbolic pretext — claims that Portland is burning or ungovernable are false and fictional.
• The order violates the Posse Comitatus Act, which prohibits the military from engaging in civilian law enforcement.
• The order infringes on the 10th Amendment, stripping states of their constitutional power to manage law enforcement.
• Oregon officials, including the Portland Police Bureau, have repeatedly confirmed they have the capacity to maintain public safety without federalized troops.
• The lawsuit seeks immediate relief from the court, declaring the federalization of Oregon’s National Guard unlawful and halting the President’s order.

Saturday’s actions

All of this came about after Trump’s Truth Social post on Saturday he was sending troops into Portland.

During a press conference Saturday, Kotek said she told Trump in no uncertain terms there was no need for federal troops to be sent to Portland.

“I spoke with the president. I asked him not to send troops. I tried to understand his reasoning and I told him we are taking care of it,” Kotek said on Saturday. “I have full faith and confidence in local law enforcement and the folks here today. We do not need federal troops. And I said we disagree. And he said, ‘Well, let’s keep talking.’”

Kotek urged Portlanders to “not take the bait” but added she’s coordinating with Rayfield on an official response to Trump’s actions.

The result of that was Sunday’s announcement of the action seeking a temporary restraining order.