Appeals court grants Justice Department request to pause daily meetings between Gregory Bovino, Judge Sara Ellis

A federal appeals court granted a request from the U.S. Department of Justice for an administrative stay pausing an order that requires Border Patrol Commander Gregory Bovino to meet in person with Judge Sara Ellis each day.

Judge Ellis ordered the meetings after a hearing on Tuesday in federal court over alleged violations by Bovino and other federal agents of her temporary restraining order largely prohibiting the use of tear gas and other riot control measures on journalists, protesters and clergy during Operation Midway Blitz in Chicago.

In response to numerous filings regarding violations of that order, Ellis instructed Bovino to meet with her every weekday evening to go over the events of the day until a preliminary injunction hearing on Nov. 5.

In their filing to the U.S. Court of Appeals for the Seventh Circuit, lawyers for the government argue the order “far exceeds the recognized bounds of discovery” and “significantly interferes” with Bovino’s function, which the government argues is “ensuring the Nation’s immigration laws are properly enforced.”

They also argue the meetings are “untethered to the plaintiffs’ underlying claims” and go beyond reasonable necessity to comply with the court orders already in place.

The DOJ argues the government will suffer irreparable harm because Bovino will have to prepare for each meeting and then appear in court at times he’d otherwise be working in his law enforcement capacity.

The government sought an immediate administrative stay of the order, which would effectively freeze it until the appellate court can make a more permanent ruling on the government’s motion for a permanent stay.

Just before 4 p.m. Wednesday, the court granted the administrative stay. They gave the plaintiffs in the case until 5 p.m. Thursday to respond to the petition, meaning it is unlikely Bovino will be required to appear in court for a meeting on Thursday either.

However, the appeals court’s order does not indefinitely block Ellis’ order for Bovino to meet with her. The appellate court could find the request reasonable and reinstate the requirement for Bovino to meet with Judge Ellis daily. 

CBS News Chicago legal analyst Irv Miller said the appellate court’s decision, at this point, is only a temporary win for the Trump administration.

“The 7th Circuit said, ‘Okay, I tell you what, he doesn’t have appear daily anymore,” he said. “This is a temporary measure, just probably for the next couple days before they make a substantive decision on the case as to whether he does or does not have to come in.”

Miller said the appeals court’s order also does not change a requirement for Bovino to wear a body camera, and for the government to turn over all reports documenting when agents used force against members of the public, as well as body camera footage of those interactions by Friday.

“In the grand scheme of things, a very minor victory for the government,” Miller said. “A short-term win, but the merits of the case will yet to be decided.”