Assistant DHS Secretary Tricia McLaughlin
Department of Homeland Security officers were too violent in dealing with journalists and rioters during demonstrations in Los Angeles, allegedly misusing weapons like chemical sprays, rubber bullets and so-called “flashbang” grenades, a lawsuit alleges.
The federal lawsuit filed on behalf of the Los Angeles Press Club, NewsGuild - Communications Workers of America (CWA), a legal observer, and individual journalists and alleged protesters accuses DHS of suppressing the exercise of First Amendment rights, including the right to report and observe events and the right to assembly.
The legal complaint, which was filed on June 18 in the Central District of California, argues that the federal agency and the Trump administration sought to create a “violent spectacle” as a way to turn the U.S. military against Californians. But a DHS official told the Southern California Record in an email that the demonstrations in Los Angeles turned into violent riots and that law enforcement had to take action to restore order.
“We remind members of the media and journalists to exercise caution as they cover these violent riots,” Assistant DHS Secretary Tricia McLaughlin said. “President Trump and Secretary (Kristi) Noem are committed to restoring law and order in Los Angeles and around the country. No lawsuit, this or any other, is going to change that.”
McLaughlin stressed that the First Amendment does not shield rioters, only those engaged in peaceful speech and assembly.
“Anyone who actively obstructs law enforcement in the performance of their sworn duties will face consequences, which could include arrest,” she said. “(Immigration and Customs Enforcement) officers are facing a 500% increase in assaults against them as they put their lives on the line to arrest murderers, rapists and gang members.”
But the lawsuit maintains that beginning on June 6, the Trump administration began a series of immigration raids in Southern California that targeted churches, local businesses and courthouses where immigrants sought to exercise their purported rights to due process. The resulting mass demonstrations were aimed at protesting the federal government’s actions, including the separation of families.
“At each protest, DHS officers have unnecessarily and indiscriminately targeted, assaulted, tear-gassed, pepper-sprayed and shot protesters exercising their right to assemble to voice their disagreement with the government, reporters covering these events and legal observers seeking to document the government’s conduct,” the lawsuit states.
The complaint also alleges violations of the Fourth and Fifth amendments, which protect against unlawful seizures and deadly, unreasonable force. The plaintiffs are asking the court for a restraining order to stop DHS from engaging in acts such as attacks on journalists and protesters and causing injuries such as concussions, burns and hematoma, as well as attorneys’ fees and court costs.
“Since June 6, at least seven members of our organization have been subject to use of force or suffered a serious press rights violation by DHS officers,” Adam Rose, the press rights chairman of the Los Angeles Press Club said in a prepared statement. “These journalists were just doing their job, not breaking any law. Democracy depends on an informed public. An informed public depends on a press free to do its job without fearing violence by federal agents.”
The counsel for the plaintiffs include the ACLU Foundation of Southern California and several private law firms.
