The Department of Homeland Security and Donald Trump’s leading immigration enforcer have been accused of inventing a rock attack to justify tear gas use—then lying about it in court.
Plaintiffs told a federal judge there is “uncontroverted evidence” that DHS and Border Patrol Commander-at-Large Gregory Bovino, 55, provided false evidence about why he hurled a canister at protesters in Chicago’s Little Village.
The court filing says the government’s original story—that Bovino only deployed gas after being struck in the head by a rock—collapsed under scrutiny, “providing a strong basis for this court to doubt defendants’ credibility.”
Urging the court to question the government’s word in the future, civil-rights and journalist groups bringing the case wrote that they “believe there is uncontroverted evidence that Defendant DHS and Defendant Bovino have provided false evidence in this case,” in a motion filed Wednesday and obtained by the Daily Beast.
“The government, defendant DHS, and defendant Bovino initially justified Bovino’s use of tear gas… by asserting that Bovino deployed tear gas only after he was hit in the head by a rock…. But it turned out the justification was a fabrication,” the motion states.
According to the brief in Chicago Headline Club et al. v. Noem et al, lawyers combed through every frame of video turned over by the government looking for proof that a rock was thrown at Bovino before he launched gas—but “they could identify no such video,” the filing says—then pressed Department of Justice to point to any clip that supported their claim. None did, the motion says.
“Defendant DHS and defendant Bovino have made up a false story to justify misconduct,” the filing continues. “Defendant Bovino has lied under oath about this issue. This court should doubt defendants’ credibility as a result.”
The dispute comes a day after the Daily Beast reported that DHS had defied a judge’s order to hand over unedited drone footage of the Little Village incident, even as the department pushed out curated clips on social media to defend Bovino.
U.S. District Judge Sara L. Ellis, 55, has been overseeing the case brought amid a crackdown in Illinois branded “Operation Midway Blitz.” She initially ordered Bovino to check in with her daily and produce body-cam and drone video. The Seventh Circuit put his daily check-ins on hold but left her evidence-gathering demands intact.
Plaintiffs argue the court should make explicit findings on truthfulness—both to evaluate alleged violations of Ellis’ temporary restraining order and to inform any broader injunction governing federal agents’ use of force in Chicago.
The Daily Beast has asked DHS whether they stand by their rock-attack claim, and whether Bovino maintains he was struck before gassing the crowd. The department was also asked whether the agency will now disclose the complete, unedited videos to the court and the public.
Bovino arrived in Chicago as the face of the Trump administration’s enforcement surge in early September. According to DHS, the blitz has produced more than 1,800 arrests amid repeated clashes, including the Oct. 23 Little Village tear gas incident that landed him in Ellis’ courtroom.
Bovino would not say when the Chicago operation would wind down or say what city might be the next target, urging the element of surprise.
“We use the least amount of force necessary to effect the arrest, we do that,” he said. “If I had more CS gas, I would have deployed it,” he said
“We’re going to be in Chicago a good while,” he said. “But you just never know.”
Beyond the courtroom, DHS’s messaging—led by Assistant Secretary for Public Affairs Tricia McLaughlin—has drawn sustained criticism. The Beast has reported repeated instances where official statements or social media posts were at odds with video from the same incidents.
On Tuesday, McLaughlin posted to X that a U.S. woman “rammed” an agent’s vehicle before “violently” kicking two officers during a separate Illinois arrest.
Dozens of people responded to ask why the woman had been released with no charges if that version was accurate, with some accusing McLaughlin of chronic dishonesty.
McLaughlin’s post drew a viral rebuke from former Obama aide and Pod Save America host Tommy Vietor, who wrote, “Even in an administration filled with bulls–t artists and liars, she stands out for being one of the least credible.”
Also on Tuesday, Zeteo published a compilation of alleged falsehoods and distortions tied to McLaughlin’s defenses of masked, heavy-handed immigration operations.
The Daily Beast also reached out to McLaughlin for comment.
The post Top Trump Goon Accused of ‘Lying Under Oath’ Over Tear Gas appeared first on The Daily Beast.
