Plaintiffs lawyers: Bovino views protesters as 'violent rioters,' tells officers to ‘go hard’ against them

U.S. Border Patrol commander Gregory Bovino admitted tossing gas before being hit by a rock in Little Village and separately instructed officers to arrest protesters “who make hyperbolic comments in the heat of political demonstrations,” court records show. Bovino also allegedly refused to admit that he’d ever seen protesters who were not violent rioters, giving his agents cause to “go hard” against them. That’s all according to attorneys who have spent days deposing Bovino behind closed doors and under oath. They pointed to portions of Bovino’s testimony in a late-night court filing Monday as they seek a preliminary injunction restricting the feds’ use of force in Chicago. Without it, they say the feds “will continue to act as if they can use weapons of war to commit shocking acts of violence against civilians — protesters, press, clergy, bystanders, pregnant women, children — with impunity.” A full transcript of Bovino’s testimony, which would put his comments in full context, has yet to be made public. But court records show that attorneys on both sides are frustrated by how the deposition has gone so far, with a government lawyer saying he felt “sandbagged” and plaintiffs lawyers complaining of a “substantial amount of obstruction.” The case, brought by media organizations such as the Chicago Headline Club, Block Club Chicago and the Chicago Newspaper Guild, is overseen by U.S. District Judge Sara Ellis. She has already forbidden agents from using gas and other “riot control” weapons against people who pose no immediate threat and without two warnings. Justice Department lawyers have told the judge “the record will ultimately show that the gas is being used to enable agents to meet safely in highly volatile situations.” Bovino’s deposition is expected to continue Tuesday at the Dirksen Federal Courthouse. Ellis is the same judge who tried to make Bovino meet with her every weeknight over seven days to discuss the events of each day as the feds carry out the deportation campaign known as “Operation Midway Blitz.” The federal appeals court in Chicago found that the daily meetings would infringe on the separation of powers. Still, Bovino’s deposition, totaling 5 hours, has gone forward. Bovino has been accused of personally tossing tear gas into a crowd in Little Village without justification. Homeland Security officials say he did so while being confronted by a “hostile” crowd and after agents gave warnings. However, the plaintiffs’ lawyers alleged overnight that Bovino and other agents “repeatedly used tear gas on observers and protesters … in the absence of any threat and without warning.” They also cited a portion of Bovino’s deposition in which he allegedly admitted “that he tossed the first canister of gas before being hit by a rock.” Bovino also allegedly claimed during the deposition there is video of him being hit with a rock. Attorneys for the plaintiffs say they’ve sought “immediate production” of that video. Bovino also allegedly said he has “interacted with many violent rioters and individuals” at the U.S. Immigration and Customs Enforcement facility in Broadview. The plaintiffs’ attorneys said he would “not admit he has ever seen protesters who were not violent rioters.” “Bovino admitted [he] did not know ‘what they are,’ he explained, and could not remember whether any protesters were non-violent,” they wrote. Finally, Bovino allegedly testified that he instructed officers to arrest protesters who make “hyperbolic comments” in the heat of political demonstrations. Neither the reporter nor editors who worked on this story — including some represented by the Newspaper Guild — have been involved in the lawsuit described in this article.