Judge Sara Ellis was not happy with the Justice Department after they withdrew the witness she wanted to hear from in the Friday hearing about 45 minutes before they were set to appear.
Chicago Sun-Times courts reporter Jon Seidel was in the courtroom observing the exchange in which the DOJ said that they had Kyle Harvick from the U.S. Customs & Border Protection. He's a deputy incident commander, according to WTTW News.
The judge asked if he was the "best person" to appear in the hearing to talk about the cases of chemical gas being used despite the judge's ban on the substance.
"What I want to avoid is someone coming in and, if I'm asking questions, that person says to me, 'not my responsibility,'" said Ellis.
She specifically wanted to speak to Russell Hott, the field director for U.S. Immigration and Customs Enforcement in Chicago.
"Is he the right person?" asked Ellis.
Sean Skedzielewski, speaking for the DOJ, claimed that Harvick was "best situated to discuss the details of the incidents that were raised," Seidel wrote on Bluesky.
"I have zero desire to micromanage how this goes, but suffice it to say, I want somebody with knowledge from ICE, and then somebody with knowledge from Customs and Border Patrol," the judge said, specifically wanting to speak to someone who disregarded her court order to the staff on the ground.
"I just need somebody from ICE and Customs and Border Patrol to tell me … what is happening, and has been happening, over the last week since I issued this order. It doesn't have to be complicated," she told the DOJ.
Seidel quoted the DOJ request that the witness appear remotely, but Judge Ellis said, "If they're not here, they can appear remotely." If they are in Chicago, however, she wants them in her courtroom.
If the DOJ can't provide that information, she said they'd simply return to court the following day for another witness.
She then addressed her order for body-worn cameras to be on federal agents and be turned on at all times. It was part of the conversation on Thursday, in which the judge made it clear, "I'm not happy. I'm really not happy."
Skedzielewski told the judge Thursday that due to the government shutdown, it might be difficult to implement a body-cam program, Seidel said from the court at the time. The judge made it clear that she didn't care; she was ordering it.
On Friday, she told the DOJ that her order "wasn't a suggestion."
To reinforce her demand, she said, "I am modifying the [temporary restraining order] to include the use of body-worn cameras."
She explained on Thursday that, over and over, federal agents are coming up with conflicting stories and reports that they can't prove. With the body cameras, the judge said it stops being a question.
"When I ask the parties to do something, I expect that it gets done," Judge Ellis said.