‘Clearly intentional’: Magaziner torches CBP Chief over ‘forceful’ tear gas use with VIDEO PROOF

By The Economic Times

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Examination of ICE Procedures and Accountability Before a Congressional Committee

Key Concepts:

  • Excessive Use of Force: Application of force by law enforcement exceeding what is reasonably necessary to accomplish a legitimate law enforcement purpose.
  • De-escalation: Techniques used by law enforcement to reduce the intensity of a situation and avoid the use of force.
  • Vetting Program: The process of thoroughly investigating the background and qualifications of potential hires, particularly for sensitive positions.
  • Accountability: The obligation to answer for one's actions and be subject to consequences.
  • January 6th Riot: The attack on the United States Capitol Building on January 6, 2021.
  • Fentanyl: A synthetic opioid that is a major contributor to drug overdose deaths in the United States.

I. Questioning Regarding January 6th Riot & Hiring Practices

The hearing began with questioning directed towards ICE officials regarding potential hires with connections to the January 6th Capitol riot. Specifically, committee members inquired whether ICE had hired individuals charged with crimes related to the riot. The initial response from the official was a lack of familiarity with the details, stating, “I don’t have all the details on this.” However, a commitment was made to investigate and report back.

Further questioning explored the hypothetical scenario of hiring someone who attacked police officers on January 6th, even if they had been pardoned. The official emphasized the agency’s “good strenuous vetting program” and asserted that assaults on law enforcement are taken “very seriously.”

II. Concerns Over Use of Pepper Spray & Procedural Compliance

A significant portion of the hearing focused on incidents involving the alleged improper use of pepper spray by ICE agents. The first incident presented involved the spraying of pepper spray into the window of a moving vehicle occupied by a family (United States citizens) at a Sam’s Club in Chicago. A one-year-old child was also affected.

The official initially claimed unfamiliarity with the specifics but acknowledged that aiming pepper spray into a moving vehicle is generally something to “try to avoid” due to the potential danger to the driver, pedestrians, and other vehicles. The committee member countered, asserting the incident was “clearly intentional,” and that similar actions by other law enforcement agencies would result in investigation and discipline. The official again deferred, citing an ongoing investigation.

The core argument presented was that the actions demonstrated a disregard for safety and proper procedure. A key point raised was the lack of transparency and accountability regarding investigations into such incidents.

III. Incident in Minneapolis & De-escalation Protocols

Another video presented showed an ICE agent spraying pepper spray directly into the face of an individual already pinned to the ground by three other agents. When questioned about the propriety of this action, the official again declined to comment, citing the presentation of “only one piece” of the incident and an ongoing investigation.

The committee member challenged this response, pointing out that the intended use of pepper spray is to “deescalate the situation,” and that the individual was already restrained. The official acknowledged the existence of “several open investigations” but provided no specific details.

IV. Accusations of Lack of Accountability & Calls for Reform

A strong critique was leveled against ICE, alleging a pattern of “unnecessary violence against civilians” and a consistent lack of accountability, particularly under the Trump administration. The committee member stated, “Your agency has repeatedly been caught on tape using unnecessary violence against civilians. And you can't even tell me if any of these agents have been investigated or disciplined.”

The argument was made that this lack of accountability had eroded public trust in immigration enforcement. Specific demands were made for reforms, including:

  • Agents wearing visible badge numbers.
  • Enforcement of “real standards of conduct.”
  • Accountability starting “at the top” with the removal of Christy Gnome, the ICE Director.
  • Investigation of Commander Gregory Bavino, who was accused of excessive force and lying to a federal judge regarding a tear gas deployment.

V. Contrasting Perspective on Border Security & Secretary Morcus’ Testimony

A shift in focus occurred with the introduction of a statement from a different committee member, praising the current administration’s border security measures. It was claimed that the border is “now closed,” fentanyl poisonings are down by “more than 35%,” and the number of illegal aliens being released into the country is “zero.”

This member contrasted the current situation with the previous administration, accusing former Secretary Morcus of falsely testifying before the committee in April 2023 that the border was “secure.” The claim was made that under Secretary Morcus’ leadership, the illegal alien population surged to over 11 million, originating from over 160 countries.

VI. Commissioner Scott’s Confirmation of Prior Testimony

Commissioner Scott was directly asked whether Secretary Morcus was telling the truth when he testified that the border was secure. Scott responded, “Consistent with my prior testimony, no, he was not.”

Notable Quotes:

  • “Reclaiming my time from the video, this was clearly intentional.” – Committee Member, regarding the pepper spray incident in Chicago.
  • “Your agency has repeatedly been caught on tape using unnecessary violence against civilians. And you can't even tell me if any of these agents have been investigated or disciplined.” – Committee Member, criticizing ICE’s lack of accountability.
  • “Accountability starts at the top.” – Committee Member, advocating for leadership changes within ICE.
  • “Consistent with my prior testimony, no, he was not.” – Commissioner Scott, confirming that Secretary Morcus’ testimony about border security was untrue.

Conclusion:

The hearing highlighted significant concerns regarding ICE’s procedures, accountability, and use of force. Committee members expressed frustration with the agency’s lack of transparency and willingness to provide specific information regarding investigations into alleged misconduct. The hearing also revealed a stark contrast in perspectives on border security, with one side praising current policies and criticizing the previous administration, and the other focusing on the need for greater accountability and reform within ICE. The central takeaway is a demand for increased oversight and a commitment to upholding standards of conduct consistent with other law enforcement agencies.

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