Former U.S. Attorney and legal commentator Harry Litman said Monday that President Donald Trump’s administration is displaying “shamelessness” in its defense of its use of force against protestors.
Last week, agents from the Immigration and Customs Enforcement (ICE) sparked backlash when they used tear gas in the streets of Chicago, Illinois to disperse a crowd of protesters. Border Control Commander Greg Bovino was photographed allegedly carrying a tear-gas canister toward protesters in the Little Village neighborhood of Chicago, prompting widespread criticism.
A coalition of journalists, protesters and clergy filed a notice claiming that Bovino violated a temporary restraining order issued on October 9 by U.S. District Judge Sara Ellis by deploying at least one canister of tear gas at the crowd.
The court order prohibits use of “less-lethal” or riot-control weapons (including tear gas) against people who do not pose an immediate threat, and requires at least two audible warnings before deploying such weapons, absent exigent circumstances.
Bovino defended his actions, and he is scheduled to appear before a federal court on Tuesday.
The court will examine whether Bovino had his body-worn camera activated and whether he gave at least two audible warnings before deploying the tear gas.
Speaking about the incident and the judge's possible action against ICE during a segment on CNN Monday afternoon, Litman said: "In thepast, just simply being found incontempt of a court order wouldbe really a strong chastisementby a district court. Again, thatseems to be a factor that isalso out the window. There's acertain lack of, you know ... shamelessness to this all. Butif it if it continues, Ithink you'll hear her ... hold Bovinoexpressly in contempt of court."
He continued: "We'llsee if they try to wriggle outof it. But in general, this ispart of a whole secondary issuein these ICE cases. There's on theone hand, approaching peoplewithout any reason, just willynilly, which the law forbids.But then second, doing it withunreasonable force. Bovinohimself is accused of pointing agun at a veteran, saying, 'bang,bang, you're dead, liberal' andthat sort of thing."
Litman added that the situation is "particularly fraughtnow because Department of Justice (DOJ) attorneyswho represent continually in theuncomfortable position of eithertrying to defend or not evenknowing what those folks aresaying, how it's typicallyhandled.
Addressing the penaltyoptions a federal judgehas if it is found that agents like Bovino violated thetemporary restraining order in Chicago, Litman said: "They'rebroad, but also kind ofamorphous. But if he were, Idon't expect this to happentomorrow and he has to sit for adeposition as well as a five-hour deposition [on] November 5th.But theoretically, he could beheld in contempt, includingcriminal contempt. He could bepersonally fined and the like.There's always the difficultyof, do you go against theindividual officer or the United States? But that's what's in thebackground."
Watch the segment below: