Judge: Border Patrol commander lied about use of force

A federal judge said U.S. Border Patrol Commander Gregory Bovino lied in a sworn deposition about the use of force during Operation Midway Blitz. The judge says a key claim he’s made is disproven by video evidence.

It was about one month ago that a federal judge prohibited border patrol agents from deploying tear gas and riot control measures against journalists, protesters and anyone who was not an immediate threat. Since then, border patrol agents fired tear gas at least seven times. They claim their tough tactics have been for their own safety, but the judge sees it much differently.

During the two months of the Trump Administrations deportation campaign known as Operation Midway Blitz, there have been multiple complaints that U.S Border Patrol agents have trampled on the United States Constitution using excessive force – deploying tear gas on non-violent crowds, threatening and harming  protesters, the press and the public. 

As part a lawsuit over the aggressive tactics, Bovino answered questions during a sworn deposition:

LOCKE E. BOWMAN: Have there been uses of force that have been less than proper?

BOVINO: No, all uses of force have been more than exemplary.

BOWMAN: I see. So they have been, what would be the word?

BOVINO: More than exemplary.

The Department of Homeland Security’s own policy states that force may be used only when “no reasonably effective, safe and feasible alternative appears to exist” and that it must be “objectively reasonable.”

Bovino addressed the widely criticized shooting of the Rev David Black. Border patrol agents fired pepper balls at him from an elevated position as he was peacefully praying outside of the Broadview immigration facility while on public property.

BOWMAN: As the commander of the agents on the ground in Operation Midway blitz, can you look me in the eye and acknowledge that the use of force applied against Reverend Black that is depicted in the video and in these photographs is unacceptable and inappropriate and should not have happened?

SARMAD KHOJASTEH: Object to form.

BOVINO: I can tell you that —

KHOJASTEH: Object to form. Same objections.

BOVINO: I can tell you that I don’t know what the use of force was here and I can’t make a judgement either way because I don’t know.

In one incident Bovino himself is seen tossing tear gas at a crowd, he had initially said it was only after someone threw a rock at his head.  But Judge Sara Ellis said that wasn’t true.

“Bovino admitted that he lied. He admitted that he lied about whether a rock hit him before he deployed tear gas in Little Village,” she said.

But perhaps the most stunning moment of Wednesday’s hearing came when, Bovino was shown video of himself tackling a peaceful, but vocal protester.  

BOWMAN: And then you got over the barrier, tackled this man to the ground, and arrested him, right?

BOVINO: No

BOWMAN: Did you not tackle him?

BOVINO: No.

BOWMAN: So if somebody were watching that video and thought that you tackled the older gentleman whose name is Scott Blackburn, you’d say ‘Don’t believe your lying eyes. That’s not what happened on the video?’

BOVINO: I wouldn’t say that.

BOWMAN: Would you say that’s not what’s depicted on the video?

BOVINO: I wouldn’t say that either.

BOWMAN: Do you acknowledge that you’re tackling Mr. Blackburn on this video.

BOVINO: No.

BOVINO: That’s not a reportable use of force. The use of force was against me.

In court, Judge Ellis said: “In one of the videos Bovino obviously attacks and tackles the declarant Mr. Blackburn to the ground, but Bovino — despite watching this video — says that he never used force.”

“I find the government’s evidence to be simply not credible,” Ellis said.

Ellis ordered federal agents to wear body cameras, give at least two warnings before using riot control weapons, and to use those weapons in life-or-death situations.