U.S. Border Patrol commander Gregory Bovino, head of the Trump administration’s military presence in Chicago, “Operation Midway Blitz,” is in the hot seat. That’s been true for a minute, since there are some pretty serious allegations (and video!) that federal agents — and Bovino, specifically — violated a temporary restraining order issued by U.S. District Court Judge Sara Ellis. A group of journalists, protesters, and clergy sued the Trump administration over the military occupation of Chicago, and Ellis issued a TRO limiting the tactics federal agents can use. Amongst the banned methods of riot control include the use of tear gas unless there is an immediate safety threat. But then Bovino was caught on camera throwing canisters of tear gas into a crowd without any warnings or verbal orders to disperse.
So, Judge Ellis hauled Bovino into her courtroom to figure out what in the hell is going on in the streets of Chicago. And from all indications, Ellis was deeply concerned with the brutal tactics being used by federal forces.
Today, Judge Ellis upgraded the TRO to a preliminary injunction and eviscerated Bovino’s actions. In deposition testimony, Bovino had justified his use of tear gas, saying he was hit in the head with a rock before deploying the noxious gas. “Video evidence ultimately disproved this,” said Ellis.
“Defendant Bovino admitted that he lied,” she said.
“I find the defendant’s evidence simply not credible,” Ellis said. “I watched the defendants’ videos,” she continued. “This, and hours and hours and hours of bodycam video and video from helicopters was the best they could provide. ”
Ellis went further, saying the government’s depiction of what is going on in Chicago “is untrue,” and protesters are being “threatened and harmed for exercising their constitutional rights.” The tactics and behavior of the occupying forces “shocks the conscience” and Judge Ellis said she was “ordering complete relief to the plaintiffs.”
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @Kathryn1@mastodon.social.
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