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

U.S.
District
Court
Judge
Sara
Ellis

isn’t
pleased
with
U.S.
Border
Patrol
commander
Gregory
Bovino.
Bovino
heads
the
Trump
administration’s
military
presence
in
Chicago,
Operation
Midway
Blitz,
and
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.
But
then
Bovino
was
caught
on
camera
throwing
canisters
of
tear
gas
into
a
crowd
without
any
warnings
or
verbal
orders
to
disperse.

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.

But
that
oversight
never
happened,

thanks
to
the
Seventh
Circuit.
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.”

So…
how’s
the
lack
of
oversight
going?

Fucking
fantastic.

Listen,
even
if
the
Seventh
Circuit
hadn’t
laughed
off
the
notion
of
oversight
on
bad
faith
actors
with
a
demonstrated
lack
of
respect
for
court
orders,
it’s
likely
this
all
would
still
have
happened.
Because,
you
know,
bad
faith
actors
with
a
demonstrated
lack
of
respect
for
court
orders.
But
the
nation
is
spiraling
towards
authoritarianism,
and
Ellis’s
order
feels
less
like
a
separation
of
powers
problem
than
a
necessary
check
and
balance.

---

Kathryn
Rubino
is
a
Senior
Editor
at
Above
the
Law,
host
of

The
Jabot
podcast,
and
co-host
of

Thinking
Like
A
Lawyer.
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