Oregon judge married to congresswoman exits Portland National Guard case

PORTLAND, Ore. (CN) — An Oregon federal judge recused himself Thursday from a case concerning the Trump administration’s National Guard deployment to Portland, after the federal government requested he step aside based on his wife’s public statements.

“Although the court does not believe that recusal is required under either federal law or the Code of Conduct for United States Judges, because it is necessary that the focus of this lawsuit remain on the critically important constitutional and statutory issues presented by the parties, the undersigned U.S. District Judge hereby recuses himself,” U.S. District Judge Michael Simon wrote in a brief order.

The federal government filed a brief earlier on Thursday, suggesting Simon recuse himself to “avoid the appearance of partiality” as his wife, U.S. Representative Suzanne Bonamici, has spoken out against the planned deployment.

The Barack Obama-appointed judge noted that the federal defendants submitted the suggestion of recusal three days after the court held a scheduling conference and less than 24 hours before a scheduled hearing on the state’s motion for a temporary restraining order to block the Trump administration from sending in troops.

Bonamici is a Democrat who represents the first congressional district of Oregon. Over the weekend, when President Donald Trump took to social media to announce his intent to  “provide all necessary troops to protect war-ravaged Portland” and its Immigration and Customs Enforcement facility, Bonamici was one of several Oregon leaders to express opposition to the plan.

Bonamici, joined by other Oregon politicians, sent a letter to the Trump administration on Saturday rejecting the decision and asserting it “represents an abuse of executive authority, seeks to incite violence, and undermines the constitutional balance of power between the federal government and states.”

Later that day, Bonamici joined a press conference with Oregon Governor Tina Kotek and remarked that the “number of necessary troops is zero.”

Portland and the state of Oregon sued Trump — as well as the Department of Defense, the Department of Homeland Security and the department heads — on Sunday, challenging the federalization and deployment of 200 Oregon National Guard members.

Much of the Trump administration’s focus has been on Portland’s Immigration and Customs Enforcement facility, which has been the site of protests over the past several months. Speaking at a press conference on Saturday, Bonamici said she recently visited the facility, stating, “nowhere did I see one single indication that we need military troops here. I strongly oppose this action.”

The federal defendants acknowledged that Simon’s relationship with Bonamici didn’t automatically disqualify him from presiding over the case, but requested he step aside to preserve public confidence in the proceedings.

“To be sure, defendants recognize that Judge Simon and Representative Bonamici speak for themselves, not for each other,” the federal defendants wrote. “Nonetheless, the unique factual, legal, and political role that Judge Simon’s spouse has played in the central events of this lawsuit may create the appearance of partiality.”

The court randomly reassigned the case to U.S. District Judge Karin Immergut, a Donald Trump appointee, who will be presiding over the hearing set for 10 a.m. Friday.