A federal judge Wednesday ordered the release of video taken during an hourslong deposition given last week by U.S. Border Patrol Cmdr. Gregory Bovino.
The Chicago Tribune and Chicago Public Media petitioned U.S. District Judge Sara Ellis to release the recordings, which were filed under seal as part of a lawsuit led by the Chicago Headline Club, a nonprofit journalism advocacy organization, and a consortium of other media groups. The journalism organizations allege federal immigration enforcement officials have systematically violated the constitutional rights of protesters and reporters during President Donald Trump’s mass deportation mission, which began in early September and shows no sign of slowing down.
Ellis, who issued a temporary restraining order last month, announced Thursday that she will put longer-term restrictions on federal agents’ use of chemical agents on crowds and provide enhanced protections for protesters and members of the media.
The released videos can be seen in their entirety on the Tribune’s YouTube channel, but here are some of the highlights:
U.S. Customs and Border Patrol in Chicago
Bovino, who is leading Trump’s immigration enforcement effort in the Chicago area, testified that he is leading roughly 220 U.S. Customs and Border Protection agents as part of the so-called Operation Midway Blitz. He said he reports directly to Homeland Security Secretary Kristi Noem.
‘More than exemplary’
Asked by veteran Chicago civil rights attorney Locke Bowman if he stood by remarks he made to CBS that the use of force at the Broadview ICE facility has been “exemplary,” Bovino at first surprised everyone by saying, “No.”
“The uses of force have been more than exemplary,” Bovino clarified.
In placing longer-term restrictions Thursday, Ellis disagreed.
“The use of force shocks the conscience,” she said.
‘Violent rioters’
During the deposition, Bovino said he had not witnessed his agents using tear gas or pepper-spray balls against protesters in Broadview, but chemical agents were used against “violent rioters” and “assaultive subjects.”
Definition of a protester
When asked to define “protester,” Bovino said it’s a person “exercising their constitutional rights to speak — to speak their opinion, to speak their mind in a peaceful fashion … in accordance with laws, rules and with the Constitution.”
“We get protesters on both sides of the issue. Sometimes they protest against, say, a Title 8 immigration enforcement mission, tell us they don’t like it, we shouldn’t be there, we need to go home, use very foul language oftentimes,” he said. “And then there’s also protesters on the other side of the issue that say ‘hey, you should be there. We’re glad you’re here. Continue to be here.’ So, I look at those as peaceful individuals exercising their right to, one, be there and, two, speak their mind. It’s freedom of assembly, freedom of speech.”
Bovino then rattled off a list of public actions he said his agents have experienced, actions he uses to draw a distinction between protesters and “violent rioters” or “assaultive subjects”: “Removing masks, kicking agents, grabbing agents’ groins, assisting and abetting prisoners from escaping, shooting fireworks, knifing and slashing tires with weapons, throwing rocks through windows of vehicles to hurt agents and/or detainees.”
‘Not a reportable use of force’
On the video, Bovino is asked about an Oct. 3 arrest he made involving a man protesting outside the Broadview facility. According to the complaint, Bovino ordered a man to move down the street after the man told him, “you love to be on television.” As the man started to move, the complaint states, Bovino “stepped across a barrier,” tackled the man and arrested him.
During the Nov. 4 deposition, Bovino said the arrest “was not a reportable use of force. I placed him under arrest. I didn’t tackle him.”
More about Bovino’s interaction with the protester
Bovino was asked about an encounter with the man, Scott Blackburn, who was protesting at Broadview. The lawyer and Bovino disagreed over whether he used force when he tackled the protester.
“He doesn’t like the fact that you are instructing him to move down,” the lawyer said to Bovino.
Bovino objected to the lawyer’s characterization, saying instead, “That individual is failing to follow instructions to vacate the area.”
The video shows Bovino tackling the protester. But Bovino characterized it a different way.
“I’m imploring Mr. Blackburn, or whoever that individual was, to comply with leaving the area and to comply with instructions,” Bovino said.
Asked if he was “making physical contact,” Bovino said he was. But he denied that it was a use of force, saying it was different than using deadly force or “open-hand strikes.”
But he disputed that he used force against the protester.
“The use of force was against me,” Bovino said.
The judge, however, said she did not believe Bovino’s testimony about force that his agents and he personally inflicted in incidents across the Chicago area.
“In one of the videos, Bovino obviously attacks and tackles the declarant, Mr. Blackburn, to the ground,” Ellis said. “But Mr. Bovino, despite watching this video (in his deposition) says that he never used force.”
Pastor struck in the head
In video taken at a protest outside the U.S. Immigration and Customs Enforcement facility in Broadview, the Rev. David Black walks toward the building and appears to talk with someone on the roof. A fellow demonstrator offers Black a bullhorn, which the Presbyterian pastor appears to ignore.
Seconds later, Black begins dodging pepper-spray projectiles fired at him, as another protester lifts his shirt and dances a jig as if daring someone to shoot at him. Black initially takes a few steps back, then moves forward with his arms outstretched, looking up toward the building and talking.
On the video, pepper-spray balls can be seen striking the ground in front of Black. He is then struck in the right arm by one. He appears to try and turn away before he is struck again, this time in the head.
Other protesters quickly gather around him as he kneels or falls to the ground, the recording shows. Bystanders lift him and help spirit him away.
Struck again
On the video, Black returns to sidewalk in front of the detention center with a megaphone in hand. As he appears to speak to someone on the roof, pepper-spray balls are fired in his direction.
A protester appears to try to shield him with a sign, but it doesn’t work. Black is hit in the head again.
Bovino on the incident with Pastor Black
Bovino was asked about Rev. David Black, a Presbyterian pastor who was shot in the head by a federal agent. He declined to answer the question, which was framed as a hypothetical, saying he was “unable to comment on that use of force.”
Pressed further, Bovino said: “I don’t know what the use of force was here. I can’t make a judgment either way because I don’t know.”
