Thread by @SeidelContent

U.S. District Judge Sara Ellis just took the bench. She's expected to rule on a request for a preliminary injunction governing the use of force by federal agents in Chicago.

https://twitter.com/SeidelContent/status/1986458372422398388

Ellis begins by quoting from Carl Sandburg's "Chicago": poetryfoundation.org/poetrymagazine…

She reads the poem in full.

Ellis: "This is the Chicagoland I see. From Aurora to Cicero, and Chicago to Evanston to Waukegan. This is a vibrant place, brimming with vitality and hope. Striving to move forward from its complicated history."

Ellis: "The government would have people believe, instead, that the Chicagoland area is in a vice hold of violence, ransacked by rioters and attacked by agitators. That simply is untrue. And the government's own evidence in this case belies that assertion."

Ellis turns to the testimony of U.S. Border Patrol chief Greg Bovino. How he denied using force against a man he tackled and said he didn't see the Rev. David Black hit by pepperballs.

"More telling," she says, "defendant Bovino admitted that he lied."

Ellis: [Bovino] admitted that he lied about whether a rock hit him before he deployed tear gas in Little Village."

Ellis points to this testimony from CBP agent Kristopher Hewson.

"Clearly, what he said was 'hit them,'" Ellis says.

https://x.com/SeidelContent/status/1986193496282448086

Ellis is walking through the testimony heard yesterday. She said Oak Park Township Trustee Juan Munoz's arrest made him a "prop" for DHS videos. Ald. Julia Ramirez "ran away from tear gas while eight-and-a-half months pregnant."

Ellis on the Oct. 14 incident on the Southeast side: "Agents pushed, shoved, tackled protesters, pointed guns at them, threw tear gas and deployed smoke canisters. Everyone that agents detained were released by the FBI, and none of them are currently charged with assault."

Ellis on the Oct. 24 incident in Lake View: "When an agent deployed gas, he stated, 'Have fun.' And then, two additional tear gas canisters were deployed."

After going through several incidents since the start of Operation Midway Blitz — like the ones above — Judge Ellis says, "those are the factual findings that I'm making to support this preliminary injunction."

Ellis: "It doesn't matter that someone continues to go protest, or continues to be courageous. That is irrelevant as to whether there was a chilling effect."

Ellis notes people being tear gassed, staring down the barrel of a gun and being "slammed to the ground with their head bashed into the street."

"All of that would cause a reasonable person to think twice about exercising their fundamental constitutional rights."

Ellis notes that the feds argue "plaintiffs have not been engaged in First Amendment protected activity" because they've "intermingled themselves with rioters."

"But as I've previously stated," Ellis says, "I don't find defendants' version of events credible."

Ellis: "The unlawful activity by a few protesters does not transform a peaceful assembly into an unlawful assembly."

Judge Ellis finds that the Trump administration has placed "content-based restrictions" on protesters.

"Tellingly, she says, "defendants do not deny that they would treat pro-ICE demonstrators more favorably."

Ellis again insists that the Trump administration's arguments "lack credibility."

Judge Ellis says the plaintiffs are likely to succeed in their claim that the Trump administration "put substantial pressure on religious practitioners to modify their behavior and violate their beliefs."

Ellis: "I see little reason for the use of force that the federal agents are currently using. Pointing guns, pulling out pepper spray, throwing tear gas, shooting pepperballs and using other less lethal munitions do not appear to be appropriate."

Ellis also finds that the feds' use of force in Chicago "shocks the conscience."

Ellis: "The public also has an interest in its citizens' bodily integrity, the right to peaceful protest, the right to assemble, the right of peaceful free exercise of religion."

Ellis: "Moreover, the public has a strong interest in having a government that conducts itself fairly and according to its own stated regulations and policies."

Ellis: "Requiring the government to comply with its obligations under the Constitution, in particular the Fourth Amendment, is simply not a harm."

Ellis, still ruling, makes a reference to awarding "complete relief" to the plaintiffs. She said it will "necessarily incidentally benefit other protesters, journalists and religious figures."

Ellis says the order is "enjoining all chilling of First Amendment rights."

Ellis says she is not micromanaging.

"I'm not telling defendants how to staff its operations. I'm not telling defendants who to hire."

And, she notes that Bovino and Hewson said they were already following the terms of her temporary restraining order.

Ellis: "I don't find it appropriate to stay a preliminary injunction pending appeal."

Ellis, apparently wrapping up, is quoting George Washington, John Adams, Thomas Jefferson, Benjamin Franklin and others.