Official misconduct in the first degree
(1)A public servant commits the crime of official misconduct in the first degree if:
(a)With intent to obtain a benefit or to harm another:
(A)The public servant knowingly fails to perform a duty imposed upon the public servant by law or one clearly inherent in the nature of office; or
(B)The public servant knowingly performs an act constituting an unauthorized exercise in official duties; or
(b)The public servant, while acting as a supervisory employee, violates ORS 162.405 (Official misconduct in the second degree) and is aware of and consciously disregards the fact that the violation creates a risk of:
(A)Physical injury to a vulnerable person;
(B)The commission of a sex crime as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) against a vulnerable person; or
(C)The withholding from a vulnerable person of necessary and adequate food, physical care or medical attention.
Read the statute carefully, and the fact that the Mayor and the Governor have allowed these riots to continue unabated and that injuries have happened is a pretty clear crime. When a public official deprives the public of protections guaranteed under the Oregon Constitution the rule of law, they have consciously disregarded the propensity for injury that is likely in that community.
With 54 days of protests in Portland ongoing, the only person who seems to be doing anything in Oregon is President Trump. With Senators Merkley and Wyden both calling for President Trump to remove those protections, Congressman Defazio also joined the blue crew and announced he wanted Trump to withdraw federal law enforcement, leaving the federal building at the mercy of Antifa and BLM rioters. The people who are truly on the hook for a crime though are Governor Brown, Mayor Ted Wheeler, and every single police officer that stands back and watches people hurt other people and does nothing to stop it.
As a retired police officer of 17 years, with most of that in Oregon, I can see that the police are just doing what they have been ordered to do, but that is not an excuse, they tried those excuses at the Nuremberg trials, that they were just following orders. If you are a police officer, you have taken a oath, a unlawful order from the Mayor or your Chief does not keep you from fulfilling that oath, if you can’t or won’t do the job leave the Portland Police Bureau, many departments are hiring nationwide and will allow you to do you’re sworn duty.
Use of lasers, bricks, slingshots, explosives against Federal Officers with apparent apathy from Governor, Senators, Congressional Candidates, Sheriff, Mayor.
Calls for comment to the Multnomah County Sheriff’s Department, and The Oregon Department of Justice were not returned.
Written by Stephan Ball