After Gregory Bovino: Why Congress Must Preserve the Record

Corey J. Biazzo, Esq.

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After Gregory Bovino: Why Congress Must Preserve the Record on Border Patrol Operations in American Cities

By Corey J. Biazzo, Esq., Biazzo Law Government Oversight Program · November 7, 2026

In short: Gregory Bovino, the Border Patrol "commander at large" who led immigration operations in Los Angeles, Chicago, Charlotte, New Orleans, and Minneapolis, was removed from that role in January 2026 and retired from federal service in March 2026. A federal judge found that he "admitted that he lied" in sworn deposition testimony about why he threw tear gas at protesters in Chicago. Federal agents under his command fatally shot Alex Pretti, a U.S. citizen, in Minneapolis.

He has not been charged with any crime, and there is little reason to expect this Justice Department to act. Impeachment is almost certainly not available: Bovino was a career civil servant, not a Senate-confirmed officer, and the House has never impeached anyone like him. That makes the congressional record more important, not less. Congress can preserve the evidence, take testimony, and turn what it learns into legislative findings that support laws to keep this from happening again.

Key fact	Detail
Role	Border Patrol sector chief (El Centro, California); "commander at large" for interior operations, about October 2025 – January 26, 2026
Departure	Removed as commander in January 2026 after the killing of Alex Pretti; retired at the end of March 2026
Key court finding	Judge Sara Ellis (N.D. Ill., Nov. 2025) found he "admitted that he lied" about being hit by a rock before throwing tear gas; video showed him throwing gas without warning, in violation of her order
Status of that ruling	The Seventh Circuit later vacated her injunction as overbroad; the credibility findings remain part of the court record
Criminal charges	None
State review	The Illinois Accountability Commission referred cases involving agents to Cook County prosecutors in April 2026
Impeachable?	Very unlikely. Impeachment reaches "civil Officers of the United States," not career employees
Federal statute of limitations	Generally five years, so 2025 conduct can be charged into 2030

What Does the Record Show?

The clearest record comes from a federal courtroom in Chicago, where Bovino testified under oath. The rest comes from operations he led, where the conduct of agents under his command is documented by video, court filings, and a state commission. Agents' actions are not automatically his, and that distinction matters.

Findings by a federal judge

In Chicago Headline Club v. Noem, a case brought by journalists, protesters, and clergy over force used during "Operation Midway Blitz," U.S. District Judge Sara Ellis issued a preliminary injunction in November 2025. She found:

False testimony about tear gas. Bovino and DHS said he was hit in the head by a rock before he threw tear gas in Chicago's Little Village neighborhood. Video disproved that, and in his deposition he conceded he was hit only afterward. "Defendant Bovino admitted that he lied," the judge said.
Violation of her order. Video showed him throwing a gas canister at demonstrators without the warning her temporary restraining order required.
Denials contradicted by video. In his deposition he denied using force, even after being shown clips of himself tackling a protester. He called agents' uses of force "more than exemplary."
Government accounts not credible. The judge found DHS justifications for force "simply not true."

The judge had earlier ordered him to appear in her courtroom daily to report on uses of force. The Seventh Circuit later vacated her injunction as overbroad. That ruling limited the remedy; it did not erase the testimony or the video.

Operations under his command

Date	Event	What is known
Jan. 24, 2026	Alex Pretti, 37, a U.S. citizen and VA nurse, killed by Border Patrol agents in Minneapolis	Agents pinned him and fired about 10 shots. Bovino said, without evidence, that Pretti wanted to "massacre" agents. No agent has been charged; the state is still seeking evidence
Jan. 11, 2026	Orbin Henríquez Serrano pulled from a car by the neck in St. Paul	Reports say Bovino watched the arrest. Allegation, not adjudicated
Oct. 4, 2025	Marimar Martinez, a U.S. citizen, shot five times by a Border Patrol agent in Chicago	Charges against her were dismissed; she is suing
Fall 2025	Operation Midway Blitz in the Chicago area	Tear gas and pepper balls used on residents, journalists, and clergy; the Illinois Accountability Commission later found abuses were "greenlit by Washington"
June 2025	Los Angeles operations	A judge barred roving stops that likely violated the Fourth Amendment; the Supreme Court stayed that order

The state record

The Illinois Accountability Commission, created by executive order and chaired by former federal Judge Rubén Castillo, held public hearings and in April 2026 referred cases involving federal agents to the Cook County State's Attorney and local police. It had no subpoena power. The State's Attorney says Illinois law lets her charge only after a law enforcement agency completes an investigation, and a Cook County judge is weighing a request for a special prosecutor.

Why Won't the Justice Department Act, and Why Does a Record Still Matter?

False statements under oath in a federal deposition can be prosecuted as perjury (18 U.S.C. § 1621), and willfully depriving someone of constitutional rights under color of law is a federal crime (18 U.S.C. § 242). But the Justice Department that would decide is led by the President's former defense lawyer, it defended DHS in these same cases, and it halted its own investigation into the killing of Renee Good in Minneapolis. (Disclosure: Biazzo Law publicly opposed Attorney General Todd Blanche's nomination.) The President can also pardon any federal offense.

To be fair: a judge's finding that testimony was false is not a criminal conviction. A perjury case requires proof that a false statement was knowing and material. Bovino has not been charged with any crime and is presumed innocent.

A congressional record matters for four reasons:

Time limits. Most federal crimes, including perjury, carry a five-year statute of limitations. Deposition testimony from late 2025 can be charged into 2030, by a future Justice Department of either party. A civil-rights violation that results in death has no limitations period at all.
Evidence fades. Body-camera footage, radio traffic, phones, and use-of-force reports can be overwritten or lost. A preservation demand from Congress stops that.
Other accountability bodies need it. State prosecutors, civil courts, and the Illinois commission lacked the subpoena power Congress has.
It shows what the law allowed. A Border Patrol sector chief ran urban operations nationwide for months. Whether that should ever happen again is a question for Congress.

The goal is the truth and lasting reform, not retribution against one person.

Could Congress Impeach Bovino and Bar Him From Future Office?

Almost certainly not, and Congress should not try. Impeachment is reserved for "the President, Vice President and all civil Officers of the United States" (Art. II, § 4). Bovino was a career Border Patrol agent, not a constitutional officer.

Who counts as an "officer"

The Supreme Court has drawn a line between officers and employees. An officer holds a continuing position established by law and exercises "significant authority pursuant to the laws of the United States" (Buckley v. Valeo, 1976; Lucia v. SEC, 2018). Officers are appointed by the President, the courts, or a department head. Most federal workers, including career law enforcement leaders, are employees.

Bovino was a chief patrol agent who rose through the career ranks. "Commander at large" was an informal assignment, not an office created by Congress, and he was not nominated by the President or confirmed by the Senate. Every person the House has ever impeached has been a President, a Cabinet secretary, a federal judge, or a Senator. Impeaching a retired career agent would have no precedent, would invite a court-like fight over the House's power, and would almost certainly fail in the Senate.

Even if he were an officer, the Belknap and Trump precedents show that the Senate may try a former official, but conviction would still take two-thirds of Senators present before any disqualification vote. Congress also cannot pass a law barring him by name; that would be a bill of attainder, forbidden by Article I, Section 9.

What that means

The path that fits the facts is not impeachment. It is a preserved record and general laws that apply to everyone in his position in the future. Existing tools also matter:

Rehiring. Federal suitability rules allow agencies to refuse to hire someone who made a material, intentional false statement (5 C.F.R. part 731).
Credibility disclosures. Prosecutors must disclose judicial findings that a law enforcement witness gave false testimony (Giglio v. United States, 1972), which limits any future role that involves testifying.
Officials above him. Impeachment remains available for Senate-confirmed officials who set the policies behind these operations, such as the Secretary of Homeland Security and the Attorney General. Our model articles against Attorney General Todd Blanche include an article on obstruction of Minnesota's investigations of killings by federal agents. See also How Impeachment Works and Why It Matters Without Conviction.

How Can Congress Preserve the Record and Build Legislative Findings?

Congress's investigative power reaches retired officials, agency records, and contractors when the inquiry serves a valid legislative purpose (Trump v. Mazars, 2020). Here the legislative purpose is plain: deciding how the Border Patrol may operate in American cities.

Preserve and collect

Preservation letters on day one to DHS, CBP, ICE, the DHS Inspector General, and the National Archives, covering body-camera and drone footage, radio traffic, use-of-force reports, deployment orders, and texts on official and personal devices, for Los Angeles, Chicago, Charlotte, New Orleans, and Minneapolis.
Court records. Obtain the full deposition transcripts, video exhibits, and filings from Chicago Headline Club v. Noem and the Minnesota cases.
The state record. Request the Illinois Accountability Commission's evidence, which was gathered without subpoena power.
The chain of command. Who created the "commander at large" role, who approved each deployment, and what rules governed force.

Take testimony

A retired official can be subpoenaed. Committees can call Bovino, his supervisors, agents who served under him, and the people injured. Any witness may invoke the Fifth Amendment. Committees should avoid granting immunity (18 U.S.C. § 6005) without weighing the effect on any future prosecution.

Turn the record into legislative findings

Findings written into committee reports and bills justify the investigation, help new laws survive in court, and build bipartisan support when they rest on judges' own rulings and on video.

Finding the record supports	Reform it justifies
A Border Patrol sector chief led interior operations in five cities under an informal title	Limit Border Patrol interior operations away from the border, and require any national commander to hold an office established by law, with Senate confirmation for its head
A judge found that a commander gave false sworn testimony about the use of force	Require reporting of adverse judicial credibility findings to the agency, the DHS Inspector General, and Congress, with mandatory review
Tear gas was used without the warnings a court required	Write warning, proportionality, and journalist-protection standards for crowd-control weapons into law
A U.S. citizen was killed and state investigators still lack the evidence	Require evidence preservation and sharing with state investigators after any death or serious injury
Officers wore no body cameras or identification in several incidents	Require body cameras and visible name or badge numbers during enforcement
Victims have no damages remedy against Border Patrol agents after Egbert v. Boule (2022)	Create a statutory cause of action for constitutional violations by federal officers

These reforms track our model Federal-State Cooperation and Use-of-Force Accountability Act and War Powers and Domestic Deployment Reform Act in the Model Bills for the 120th Congress. Two guardrails apply: findings should describe conduct and gaps in the law without declaring anyone guilty, and new rules must apply to offices and future conduct, not to a named person. For how to pass them with bipartisan, veto-proof support, see Veto-Proof Reform.

Our Own Records Requests

In March 2026, our Government Oversight Program asked CBP and ICE for records on Operation Midway Blitz in Chicago, Operation Metro Surge in Minnesota, and use of force. When DHS and ICE did not respond, we sued. See FOIA Lawsuits Show Why the 120th Congress Must Investigate. A congressional subpoena can reach what FOIA cannot.

Let's Talk

We offer free, nonpartisan briefings to Members and staff of both parties on preservation letters, investigative plans, use-of-force legislation, and the limits of impeachment.

Request a briefing → · corey@biazzolaw.com · (703) 297-5777

Companion Resources

Frequently Asked Questions

Who is Gregory Bovino? A career Border Patrol agent who joined in 1996, became chief of the El Centro sector, and served as "commander at large" leading immigration operations in several U.S. cities from about October 2025 to January 2026. He retired at the end of March 2026.

Did a judge find that Bovino lied? Yes. In November 2025, U.S. District Judge Sara Ellis found that he "admitted that he lied" in a sworn deposition about being hit by a rock before throwing tear gas at protesters in Chicago. That is a civil court finding, not a criminal conviction.

Has Bovino been charged with a crime? No. He has not been charged and is presumed innocent.

Can Congress impeach Gregory Bovino? Almost certainly not. Impeachment applies to the President, Vice President, and "civil Officers of the United States." Bovino was a career employee, not a Senate-confirmed officer, and no one like him has ever been impeached.

Can Congress bar him from future federal jobs? Not by naming him in a law, which would be an unconstitutional bill of attainder. Congress can pass general rules, such as requiring review of officers found by a court to have testified falsely, and agencies can already refuse to hire people who made intentional false statements.

What can Congress do instead? Preserve the evidence, take sworn testimony, and use the record to support legislative findings for laws on Border Patrol interior operations, use of force, body cameras, evidence sharing, and remedies for victims.

This post is public education from the Biazzo Law Government Oversight Program, a nonpartisan public-service initiative of Biazzo Law, PLLC. It is not legal advice and does not create an attorney-client relationship. Court findings described here are civil findings; several rulings were later stayed or vacated. Mr. Bovino has not been charged with any crime and is presumed innocent. Biazzo Law is the plaintiff in the FOIA cases described and publicly opposed the nomination of Attorney General Todd Blanche.