Federal judge demands answers from Trump admin on following order to avoid violent encounters with Chicago protesters

By Bill Kirkos, Andy Rose, CNN

(CNN) — A judge in Illinois said she has “serious concerns” over whether federal law enforcement agents are following her order to avoid violent encounters with protesters and journalists in Chicago.

“I’m a little startled frankly, that since Thursday when I entered the (temporary restraining order) last week, I’m getting images and seeing images on the news, in the paper, reading reports, where at least from what I’m seeing, I’m having serious concerns that my order’s being followed,” said US District Court Judge Sara Ellis in a hearing called on short notice Thursday.

“I’m not happy,” Ellis said with evident exasperation in her voice. “I’m really not happy.”

In response, Ellis announced Thursday she will require all federal agents with body cameras to have them on during encounters with immigration protesters.

“That’s the nice thing about body cameras is that they pick up events before the triggering event happens,” she said.

The judge initially required all agents to wear cameras, but agreed to some flexibility after Sean Skedzielewski, an attorney representing the Trump administration, said it would be logistically impossible to immediately equip all agents with bodycams.

The Department of Justice still opposed the body cam order, arguing it’s not a simple matter to record the body cam videos and consistently turn them around for reviewing and redacting video based on every allegation.

“It would require a tremendous amount of resources,” Skedzielewski said.

Ellis – an Obama appointee – issued a temporary restraining order last week after a coalition of local journalists and protesters sued the Trump administration, saying federal law enforcement agents were targeting people engaging in peaceful activity, including multiple reporters who said they had pepper balls fired on them despite being identified as press.

Since then, the plaintiffs said there are at least two incidents in which they believe agents did not follow the order, including a confrontation on Chicago’s southeast side Tuesday following a traffic accident involving US Border Patrol.

“There’s a reason the Chicago Police Department has policies about car chases and where they occur, and where they need to stop,” said the judge.

She also demanded that the field director of the Operation Midway Blitz appear in court on Monday at 10:30 a.m. local time, “to explain to me why I am seeing images of tear gas being deployed and reading reports that there were no warnings given before it was deployed out in the field.”

The original restraining order from Ellis blocks agents from targeting journalists who are not interfering with law enforcement. Federal agents are also prohibited from using tear gas and less-lethal munitions on anyone who does not impose an “immediate threat to safety.”

“The issue is that DHS is using force in a manner that violates the constitutional rights of peaceful protesters, journalists and, essentially, clergy members,” said the judge.

“You can’t shoot ‘em in the head (with pepper balls),” Ellis said. “You can’t deploy tear gas. You can’t use flash-bang grenades. You can’t drive a car through a crowd.”

Video of a pastor being repeatedly shot by pepper balls during a demonstration outside at an ICE facility near Chicago earlier this month drew widespread outcry.

Skedzielewski suggested the news coverage that prompted the judge’s anger may be misleading, saying Ellis is relying on “one-sided and selectively edited media reports.”

Ellis acknowledged some details in news reports may be under dispute, adding that is why she wants to speak to the field director on Monday.

Illinois Gov. JB Pritzker – who is not a party to the lawsuit – said Wednesday he was not convinced Ellis’ order is being followed after continuing intense encounters.

“ICE is causing this mayhem,” Pritzker said. “They’re the ones throwing tear gas when people are peacefully protesting.”

In a separate case, a federal judge blocked President Donald Trump from deploying National Guard troops in Chicago last week. The administration is appealing the order.

This is a developing story and will be updated.

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