Federal judge says border patrol chief admitted he lied, in ruling limiting federal agents’ use of force in Chicago

By Bill Kirkos, Priscilla Alvarez, CNN

Chicago (CNN) — A federal judge issued a preliminary injunction restricting the use of force by federal agents in Chicago, finding the Trump administration’s version of recent events involving agents was not credible.

One of the incidents in question was a confrontation between federal agents and protestors, where Gregory Bovino, a top Border Patrol official charged with the immigration crackdown in Chicago deployed tear gas.

Judge Ellis found that Bovino wasn’t hit in the head with a rock prior to deploying tear gas despite claims from the Department of Homeland Security justifying the use of force. “Defendant Bovino admitted that he lied,” she said.

“Video evidence ultimately disproved this,” said Ellis, who is presiding over a case concerning the heavy-handed tactics used by federal agents in Chicago. Bovino, who sat for an hours-long deposition, said he was hit after the tear gas was thrown, Ellis said. The top Border Patrol official has started wearing his body-camera, according to attorneys for the government, after revealing in court last month that he did not have one.

During Thursday’s hearing, Ellis slammed the Trump administration, saying that the government’s portrayal of Chicago “is untrue.”

“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 also found that that the plaintiffs in the case, who accuse federal agents of aggressive behavior against peaceful protesters, were “threatened and harmed for exercising their constitutional rights.”

In citing the government’s concern over micromanaging by the court, Judge Ellis said, “I’m doing no such thing with this injunction.”

Ellis said she is not telling the government how to handle their operations. “I’m not telling defendants who to hire,” Ellis added.

Federal agents must give at least two separate warnings before issues riot control weapons with “reasonable opportunity” for people to comply, Ellis ruled.

The judge also said she will not issue a stay of the injunction pending appeal and will issue a written order later on Thursday.

As the hearing came to a close, plaintiffs’ attorney Steve Art thanked the judge saying, “We appreciate you protecting this community.”

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