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Trump says 'a lot of people in jail' after Portland protests, but few were charged

9:37
Federal clashes with Portland protesters raises legal questions about use of force
Nathan Howard/Getty Images
ByJack Date
July 22, 2020, 12:22 AM

President Donald Trump said Monday that federal law enforcement in Portland, Oregon, has done "a fantastic job."

"They've been there three days, and they've really done a fantastic job in a very short period of time," he said. "No problem. They grab them; a lot of people in jail."

However, according to a spokesman for the U.S. Attorney in the District of Oregon only two people were arrested during the protests over the weekend and neither were charged and both were released.

President Donald Trump talks to reporters in the Oval Office at the White House, July 20, 2020, in Washington.
Doug Mills/Pool via Getty Images, FILE

So where are all these people he said are in jail?

At a press conference, Tuesday, acting Department of Homeland Security Secretary Chad Wolf told reporters that "since July 4, which is really when you saw an increased presence there in Portland, there's been 43 federal arrests."

A review of federal court records for the month of July by ABC News shows 18 people have been federally charged for crimes related to the demonstrations in Portland. Of those cases, 13 were charged as misdemeanors.

Five of the cases involved the alleged use of laser pointers against federal agents or officers.

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One assault case involved a woman who allegedly pushed an agent with a "flimsy" shield made of plastic, according to a federal criminal complaint.

A protester holds his hands in the air while walking past a group of federal officers during a protest in front of the Mark O. Hatfield U.S. Courthouse on July 21, 2020, in Portland, Ore.
Nathan Howard/Getty Images

Monday evening into Tuesday morning, according to Federal Protective Service Deputy Director Richard Cline, seven people were arrested, two for felony assault of a federal officer and five for various misdemeanors.

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The most serious case appears to be an alleged assault on a deputy U.S. marshal that took place during the early morning hours on July 11.

In that case, Jacob Michael Gaines allegedly used a four-pound sledge hammer to hit the temporary wooden covering of a door at the federal courthouse in Portland, punching a hole in it.

A team of six U.S. marshals exited the door to stop him and Gaines allegedly yelled, "You mother f---ers are gonn' have to kill me."

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According to court documents, Gaines struck a U.S. marshal with the hammer three times during a struggle to arrest him. The protective gear worn by the U.S. marshal "likely prevented him from sustaining serious injuries."

Gaines told investigators he is a transient who recently came to Oregon from Texas, sleeps in his bus, has three guns and suffers from mental health issues.

A defense motion suggested Gaines only made one "concerted swing downwards" with the hammer as he struggled with the marshals and raised the question of whether Gaines acted "instinctively and in self-defense."

Despite those arguments, the judge ordered Gaines detained pending trial.

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He remains the only person ordered to be held in custody from the July arrests.

Cline suggested to reporters that charges against some of those detained may still be pending.

"There is a long process to go from detention to final adjudication of the charges," Cline said.

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