Federal agents engaged in widespread misrepresentations to justify use of force: Judge

CHICAGO (WLS) -- The ABC7 I-Team is taking a closer look at a trove of videos ordered released by Judge Sara Ellis in her explanation of the preliminary injunction she issued earlier this month restricting use of force against protesters and journalists by federal agents during "Operation Midway Blitz" in the Chicago area.

The videos were provided by the law firm Loevy and Loevy, who are representing protestors, religious figures and the media in an ongoing lawsuit against the U.S. Department of Homeland Security.

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In nearly all of the examples Judge Ellis cited in her 200-plus page opinion, she says the Department of Homeland Security narrative contradicts the reality of what can be seen on agents' body-worn cameras.

The following are just a few examples from her ruling.

On September 26 outside of the Broadview ICE facility, video from an agent's body-worn camera shows a line of agents standing at least 30 feet away from protesters. Despite this distance, the agents start yelling "move back, move back" to the protesters and then shoot pepper balls and tear gas at them, all without any apparent justification, according to Judge Sara Ellis's 233-page opinion.

She said an agent wrote in his use of force report about this incident that protesters were "becoming increasingly hostile." However, Judge Ellis wrote in her opinion the video shows protesters were simply standing there when agents first deployed any force.

On October 4 in Brighton Park, footage shows an agent pushing a protestor to the ground. Then, tear gas and pepper balls are released. Judge Ellis wrote that only after tear gas, pepper balls and a protester was pushed to the ground by agents did protesters throw items, which "does not support agents' use of force."

In an incident the ABC 7 I-Team covered in Albany Park on October 12, Judge Ellis wrote that agents said in reports, and DHS publicized, that a bicyclist threw a bike at agents. But in a video, provided with no sound to start, she says it "makes clear" that agents first throw tear gas, then take a protester's bike throwing it and multiple other protesters to the ground after deploying tear gas.

Ellis also noted an agent is seen in redacted and blurred video from his body-worn camera in at least one instance using ChatGPT to write a use of force report, saying "to the extent that agents use ChatGPT to create their use of force reports, this further undermines their credibility..." Judge Ellis went on to say "...it becomes difficult, if not impossible, to believe almost anything that Defendants represent."

The 7th Circuit Court of Appeals stayed Judge Ellis's initial order while the Trump administration's appeal is heard.

Despite what the videos show, neither the Department of Homeland Security nor Border Patrol Chief Greg Bovino has ever admitted to an unjustified use of force, claiming throughout that all of their actions have been justified and lawful.

The I-Team reached out to DHS but have not received a response.