"We stated in our supplemental brief that it is undisputed that nearly a quarter of the agency's entire FPS capacity had to be redirected over a relatively short period to a single location in one medium-sized American city due to the unrest there,'" Bernie wrote. "This statement was incorrect."
Bernie said the discrepancies should not influence the panel's ruling upholding Trump's deployment because the number of FPS officers in Portland didn't form the basis of its decision.
However, in the ruling, the panel's majority repeatedly cited the amount of FPS officers in the city, at one point saying that the president may in part rely on FPS deployments to measure whether he is unable to execute the law with regular forces and needs to mobilize the National Guard.
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