Former US attorney reveals how Trump official's 'shamelessness' could lead to charges

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 the past, just simply being found in contempt of a court order would be really a strong chastisement by a district court. Again, that seems to be a factor that is also out the window. There's a certain lack of, you know ... shamelessness to this all. But if it if it continues, I think you'll hear her ... hold Bovino expressly in contempt of court."

He continued: "We'll see if they try to wriggle out of it. But in general, this is part of a whole secondary issue in these ICE cases. There's on the one hand, approaching people without any reason, just willy nilly, which the law forbids. But then second, doing it with unreasonable force. Bovino himself is accused of pointing a gun at a veteran, saying, 'bang, bang, you're dead, liberal' and that sort of thing."

Litman added that the situation is "particularly fraught now because Department of Justice (DOJ) attorneys who represent continually in the uncomfortable position of either trying to defend or not even knowing what those folks are saying, how it's typically handled.

Addressing the penalty options a federal judge has if it is found that agents like Bovino violated the temporary restraining order in Chicago, Litman said: "They're broad, but also kind of amorphous. But if he were, I don't expect this to happen tomorrow and he has to sit for a deposition as well as a five-hour deposition [on] November 5th. But theoretically, he could be held in contempt, including criminal contempt. He could be personally fined and the like. There's always the difficulty of, do you go against the individual officer or the United States? But that's what's in the background."

Watch the segment below:

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