Oregon State Police Retreat is Bad News for Protester Amnesty

Blast Zone No. 25913 - 0 Comments
Set Up On:
Category: Police - State
Last Known Courthouse Address:
1000 SW Third Ave.
Portland, Oregon 97204

Oregon State Police (OSP) retreated from the federal courthouse in Portland, Oregon the day after Multnomah County District Attorney Mike Schmidt announced that his office will not prosecute protesters charged with a long list of offenses (https://copblaster.com/blast/25907/mike-schmidts-amnesty-policy-shows-protests-are-working). OSP Captain Timothy Fox (DPSSST# 31600) released a statement (pictured above) the most relevant part reads "At this time we are inclined to move those resources back to counties where prosecution of criminal conduct is still a priority." Although this may make it appear that the OSP troopers are retreating in protest of their work not leading to prosecutions, they were only ordered to Portland for 14 days as part of Governor Kate Brown's agreement with Vice President Mike Pence. It does however appear that the do not want to extend their presence due to protester amnesty. The good news about this is that it shows the protesters are winning, but the bad news is that the feds will most likely return to where they were before OSP took over.

The loss of OSP means that federal officers will once again be the ones defending the federal courthouse. MCDA Schmidt has zero authority over federal authorities. The U.S. Attorney's Office (USAO) decides who gets prosecuted in federal court. There is no bail in federal court. Defendants are either released on their own recognizance or held pending trial. All the USAO must show is the possibility of flight or future criminal conduct by a defendant to get them held as either a flight risk or a danger to the community. In state court someone would be able to seek bail and a judge would normally set a bail that he or she felt would assure the appearance of the defendant and protect the community. The few federal defendants lucky enough to get pre-trial release are under restrictions so strict that they make violations a near certainty. Protesters being charged in federal court is not an improvement no matter what Mike Schmidt does.

Winning battles often lead to bigger battles before a war is won. The protesters have won amnesty from the local authorities and deterred OSP from further aggression. Now they will have to fight the feds and that battle will make the last one look like a cat fight.

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