Seventh Circuit Loosens Oversight On Border Patrol With Predictably Terrible Results - Above the Law
Briefly

Seventh Circuit Loosens Oversight On Border Patrol With Predictably Terrible Results - Above the Law
"there were some pretty serious allegations (and video!) that federal agents - and Bovino, specifically - violated a temporary restraining order issued by 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 and other kinds of noxious gas unless there is an immediate safety threat."
"Ellis did what she could at a subsequent hearing - that she demanded Bovino attend - to impress upon him the importance of, you know, *not* violating a court order. Judge Ellis was (rightfully) particularly concerned with the use of tear gas without appropriate warnings since it affected kids dressed in Halloween costumes, headed to a nearby parade. And Ellis ordered Bovino provide daily reports on his agents' use of force in the city."
"In an unsigned order, they found the daily check-ins with Bovino meant Ellis was an "inquisitor" not a "neutral adjudicator." And that the order made Ellis "supervisor of Chief Bovino's activities, intruding into personnel management decisions of the executive branch." As a result, the circuit court held, "These two problems are related and lead us to conclude that the order infringes on the separation of powers.""
U.S. District Court Judge Sara Ellis issued a temporary restraining order limiting federal agents' riot-control tactics in Chicago, banning tear gas and other noxious gas absent an immediate safety threat. Border Patrol commander Gregory Bovino led Operation Midway Blitz in Chicago and was recorded throwing tear-gas canisters into a crowd without warnings or orders to disperse. Ellis demanded Bovino attend a hearing and ordered him to provide daily reports on agents' use of force. The Seventh Circuit vacated the daily-report requirement, characterizing it as making Ellis an "inquisitor" and intruding on executive personnel decisions. The court concluded the order infringed separation of powers, removing that oversight.
Read at Above the Law
Unable to calculate read time
[
|
]