Portland police commander Franz Schoening testified during a federal bench trial that federal forces deployed by President Donald Trump escalated tensions during protests at a U.S. Immigration and Customs Enforcement (ICE) facility, intensifying rather than curbing the violence. The testimony, delivered on Wednesday, contradicts the administration’s claims that the National Guard deployment was necessary and appropriate.
Schoening described instances where federal agents fired tear gas at what he called nonviolent demonstrators, calling the actions ‘startling.’ He stated that state and federal law prohibit the use of such tactics, and Portland police officers were themselves hit by tear gas and forced to retreat. The testimony comes amid ongoing legal battles over the legality of the federal intervention in Portland, with city officials arguing that the protests, while sometimes volatile, were largely peaceful and did not justify the National Guard’s deployment.
The U.S. Justice Department countered that federal personnel had been targeted throughout the summer, citing attacks on officers and property as justification for the intervention. The administration further argues that it had been forced to reassign Department of Homeland Security agents from across the country to Portland due to the protests. It also argues the Trump administration can call out the National Guard because the president has been unable to enforce the law with regular forces in Portland and has characterized the protests as a ‘rebellion’ or presenting a ‘danger of rebellion’ — both cited as justifications under federal law for National Guard deployment.
The non-jury trial is expected to last three days and will include testimony from both federal officials and local police. Local authorities maintain that they have made arrests when necessary while also respecting First Amendment rights. The case is framed as a constitutional law versus martial law issue by Portland attorney Caroline Turco, who argued that the evidence would show the protests were largely peaceful and did not justify National Guard intervention.
The Associated Press contributed to this report.