US District Judge Michael H. Simon of the Oregon District Court issued an order late last night barring federal agents in Portland from arresting or using force against journalists and legal observers covering the Portland unrest, KTLA-5 News reports.

Federal prosecutors challenged the temporary restraining order, saying it was “unworkable in light of the split-second judgments that federal law enforcement officers have to make while protecting federal property and themselves during dynamic, chaotic situations.”

Prosecutors also claimed the ruling “unworkable from a practical standpoint,” because “it would require law enforcement officers responding to a violent situation threating (sic) public safety to draw fine distinctions among a crowd based on who is wearing press identification badges and different colored hats, all under the threat of potential contempt.”

Essentially, the prosecutors are claiming that federal agents cannot be bothered to determine who was actually committing criminal or violent acts; those agents should be allowed to use violence whenever they feel without regard to the identify of the victim.

Journalists and legal observers covering events like protests typically wear identifying closing like neon vests or hats.  All carry credentials.  Legal observers from non-profit organizations serve as witnesses to actions and ensure individual rights and safety are not violated.

According to KTLA, 40 people have been arrested in Portland since the arrival of federal agents a week ago.  Twenty-six people have been charged with federal counts.