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A Los Angeles man was denied a green card over his tattoos. The Supreme Court might take up his case

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A Los Angeles man was denied a green card over his tattoos. The Supreme Court might take up his case

Prominent Los Angeles civil rights attorney Sandra Muñoz spent her eighth Christmas countries apart from her husband, Luis Acensio Cordero, after the federal government denied him a visa, in part, over his tattoos.

The black ink images of La Virgen de Guadalupe, theater masks, a pair of dice and Ace playing cards were throwbacks to his high school days. But to government officials conducting a body search, the tattoos showed he was an MS-13 gang member.

Sandra Muñoz holds a photo of her husband Luis Acensio Cordero.

(Francine Orr / Los Angeles Times)

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The couple sued, securing a victory in California’s 9th Circuit Court of Appeals, only to have that decision challenged by the Biden administration. Now the case is headed to the Supreme Court.

On Friday, justices are scheduled to review the case and decide whether to take it up. If they decline, the appeals court decision would stand and Acensio’s lawyers believe he would likely be allowed to return to live in the U.S. for the first time in nine years.

The outcome of the case could have ripple effects for immigrants like Acensio because it’s so rare to win challenges to the government’s visa denials. But his attorneys fear that if the Supreme Court sides with the Biden administration, former President Trump, if reelected, would use the decision, and the underlying authority, to justify blanket bans of people from certain countries, as he did during his first term.

Acensio, now 47, was undocumented when he met Muñoz in 2008 at a wedding. They married two years later and in 2013 he filed for a green card.

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In 2015, Acensio returned to El Salvador for what the couple believed was the final security screening and an interview at the U.S. consulate. He expected to be in El Salvador only a few weeks, so Muñoz met him there and booked their return flights back home to L.A. together.

He remembers vividly the day of the interview, being asked to take his clothes off, having photos taken of his tattoos and being asked why he got them. On his chest, one features comedy and tragedy theater masks with a set of dice and three Ace cards. The others are of La Virgen de Guadalupe, a profile of Sigmund Freud and a tribal design with a paw print.

A consular officer asked about his criminal history, and Acensio said he described the only time he’d been arrested, when he and a friend got into a fight. They spent three days in jail and were released without charge.

After the interview, Muñoz spent the rest of the week desperately checking her email. “That email never came and I had to come back alone,” she said. “The first of many trips back alone.”

The government’s denial arrived six months later, saying Acensio would likely engage in unlawful activity if allowed back in the U.S.

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A State Department spokesperson declined to comment to The Times because of pending litigation.

In court proceedings, consular officials argued they didn’t owe the family an explanation and there was no way to appeal because of the doctrine of consular non-reviewability, which prevents judicial reviews of visa determinations made by consular officers as long as the decision is “facially legitimate and bona fide.”

Sandra Muñoz is a civil rights attorney in Los Angeles.

(Francine Orr / Los Angeles Times)

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In certain cases, a U.S. citizen who proves they were harmed by the denial can challenge the doctrine. Immigration attorney Alan Diamante, Muñoz’s friend from law school, took on the case.

They filed a lawsuit in 2017 in U.S. District Court for the Central District of California challenging the constitutionality of Acensio’s denial. Humberto Guizar, a lawyer and court-approved gang expert who has testified in 50 cases, submitted a declaration stating that he is intimately familiar with gang tattoos and that Acensio had none.

The couple learned in 2018 that the federal government believed Acensio was a member of MS-13, the Salvadoran criminal gang that started in Los Angeles in the ’80s, according to court documents. That determination, lawyers wrote, was based on the in-person interview, a criminal review and a review of his tattoos. Reviews of the visa denial by the consulate and State Department had not “revealed any grounds to change the finding of inadmissibility.”

Eric Lee, their lead attorney, said tattoos are a common reason for visa denials. In Acensio’s case, Lee said he isn’t sure whether the consular officer acted based solely on the tattoos or whether foreign databases had provided erroneous information about his background.

As the case made its way through the courts, Acensio and Muñoz settled into separate lives. He started a business in El Salvador giving electric four-wheeler bike tours. She was named California Lawyer of the Year by the Daily Journal after helping secure a $23-million settlement against Walmart and other companies on behalf of warehouse workers.

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She bought a house in Montebello and decorated it with photos of her and Acensio, vowing that one day it would be his home, too.

Acensio was separated not only from his wife, but also from his young daughter, who lives in Las Vegas and whom he would frequently visit. She is now 17, and he has missed seeing her grow up.

Muñoz, 54, has also faced difficulties. She got COVID-19 and suffered from brain fog and fatigue for several months. Her sister and her best friend died in 2021. She fell and tore a quad tendon in 2022, was hospitalized for weeks and still uses a cane to walk. Then her mother’s health began to deteriorate; she died a week before Christmas.

“It was so sad because I had built my life there with her,” Acensio said. “And I’ve never been there as her husband to help her in the most difficult moments. I feel helpless.”

Still, the couple found ways to stay connected. They text throughout the day and frequently do video calls. They traveled to Barcelona together, and her visits to El Salvador deepened her relationship with his family.

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Muñoz visited Acensio at least three times a year until the pandemic started. In 2022, he received a Mexican visitor visa and they were able to meet in Tijuana. Their last trip was in May.

El Salvador’s President Nayib Bukele launched a sweeping crackdown against the country’s powerful street gangs, netting more than 70,000 arrests since 2022. Muñoz feared her husband would get caught in the dragnet.

Acensio said police stopped him last year at a checkpoint, looked over his body and let him go. If they believed he was involved with gangs, he said, they would have jailed him.

In October 2022, the 9th Circuit Court of Appeals agreed that the federal government had violated Muñoz’s fundamental right to marriage and due process as a U.S. citizen by denying her husband’s visa without providing an explanation for three years. That decision marked the first time a federal judge had rejected the government’s initial effort to dismiss a lawsuit by citing consular non-reviewability, Lee said.

Lee said he has since advised on similar cases, including four that have resulted in family reunification. Earlier this year, a judge in Arkansas cited Muñoz’s case in a ruling ordering the federal government to provide a better explanation for denying the visa of a U.S. citizen’s foreign husband.

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After the appeals court ruling, Acensio applied for humanitarian parole, a form of temporary legal entry, to reunite with his wife. The State Department informed Muñoz’s lawyers that they would not oppose the application. Even so, it was denied last month.

In its petition to the Supreme Court, Biden administration lawyers echoed previous circuit court decisions in arguing that Muñoz’s right to marriage has not been violated because the government “has done nothing more than to say that the residence of one of the marriage partners may not be in the United States.”

Government lawyers argued the 9th Circuit ruling “represents a serious encroachment on the separation of powers. If allowed to stand, it will cause considerable disruption in U.S. consulates.”

Heidi Altman, policy director at the National Immigrant Justice Center, which is co-counsel on the Supreme Court case, said that Acensio and Muñoz’s case is an example of the Biden administration walking away from its commitment to immigrants. It also shows how central family separation is to the U.S. immigration system, she said.

“Fighting this case means really digging in on one particular way that family separation is regularly effectuated by immigration officers,” who ensure there is “no way to correct those mistakes, so that the family separation becomes permanent,” Altman said.

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A similar case made its way to the Supreme Court in 2015. A man who had been employed in Afghanistan’s welfare department when the Taliban ruled the country was denied a green card after marrying a U.S. citizen, because the government reasoned he was engaged in terrorist activity.

In that case, the 9th Circuit had also ruled that the government didn’t offer a legitimate enough reason for the denial. But the Supreme Court ultimately ruled against the couple.

The notion that Acensio is a gang member is offensive, Muñoz said. As an attorney, she said, she’s naturally skeptical. And as an officer of the court, she’s sworn to uphold the Constitution.

“It just breaks my heart that this country — that my country — has taken so much from my husband and me,” she said.

Muñoz thinks back to a discrimination case she litigated in which she represented a Latino Los Angeles Sheriff’s deputy who was referred to by supervisors as the “Mexican Mafia.” The county responded by claiming he was in a deputy gang based solely on his tattoo, she recalled.

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“A tattoo in and of itself doesn’t mean that somebody is a bad cop, a bad person,” she said. “You can’t simplify it that much. We went to trial in that case. We won.”

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Video: Trump Boasts About Economy in Prime Time Speech

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Video: Trump Boasts About Economy in Prime Time Speech

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Trump Boasts About Economy in Prime Time Speech

The president gave a televised speech that featured repeated criticism of Democrats and his predecessor, Joseph R. Biden Jr., along with boasts about gains that many Americans have said they are not experiencing.

Good evening, America. Eleven months ago, I inherited a mess, and I’m fixing it. The last administration and their allies in Congress looted our treasury for trillions of dollars, driving up prices and everything at levels never seen before. I am bringing those high prices down. It’s not done yet, but boy, are we making progress. Nobody can believe what’s going on. Here are just some of the efforts that we have underway. You will see in your wallets and bank accounts in the new year, after years of record setting falling incomes, our policies are boosting take-home pay at a historic pace. Next year, you will also see the results of the largest tax cuts in American history that were really accomplished through our great, Big Beautiful Bill. Military service members will receive a special, we call, “warrior dividend,” before Christmas, a “warrior dividend,” in honor of our nation’s founding in 1776. And the checks are already on the way. We are respected again like we have never been respected before. To each and every one of you, have a merry Christmas and a happy new year. God bless you all.

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The president gave a televised speech that featured repeated criticism of Democrats and his predecessor, Joseph R. Biden Jr., along with boasts about gains that many Americans have said they are not experiencing.

By Shawn Paik

December 18, 2025

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Texas Republicans launch ‘Sharia Free America Caucus’ aimed at defending ‘Western civilization’

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Texas Republicans launch ‘Sharia Free America Caucus’ aimed at defending ‘Western civilization’

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FIRST ON FOX: A pair of conservative lawmakers are launching a new group in the House of Representatives to “protect Western civilization in the United States,” according to one of its founders.

Reps. Keith Self, R-Texas, and Chip Roy, R-Texas, are starting the “Sharia Free America Caucus,” Fox News Digital learned first.

“Anytime you go to a fight, you bring as many friends with you as you can. I’m a military guy,” Self told Fox News Digital. “So what we need to do is build this caucus now so that we can start educating the American people to the dangers of Sharia in the United States.”

TRUMP MOVES AGAINST MUSLIM BROTHERHOOD AS ISLAMIST GROUP SPREADS IN WEST

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Reps. Chip Roy and Keith Self are creating a new group called the “Sharia Free America Caucus.” (Tom Brenner/Getty Images; Andrew Harnik/Getty Images)

Self said it was “fundamentally incompatible with the U.S. Constitution.”

The caucus also has support in the Senate from Sen. Tommy Tuberville, R-Ala., who Self said he hoped could help push some of its legislative goals forward through both chambers.

Among the bills they’re hoping to push is a ban on foreign nationals who “adhere to Sharia” from entering the U.S., and a measure that would designate the Muslim Brotherhood as a terrorist organization.

FORMER UK PM DEFENDS TRUMP FOR HIGHLIGHTING ‘SHARIA LAW’ IN BRITAIN DURING UN SPEECH

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Sen. Tommy Tuberville arrives for a Senate Republican Caucus luncheon at the U.S. Capitol in Washington, April 2, 2025 (Nathan Posner/Anadolu via Getty Images)

“America is facing a threat that directly attacks our Constitution and our Western values: the spread of Sharia law,” Roy said in a statement. “From Texas to every state in this constitutional republic, instances of Sharia adherents masquerading as ‘refugees’ — and in many cases, sleeper cells connected to terrorist organizations — are threatening the American way of life.”

Sharia broadly refers to a code of ethics and conduct used by devout Muslims. Sharia law more specifically often refers to the criminal code used in non-secular Islamic countries, like Iran.

In its most extreme cases, such as when ISIS-controlled parts of the Middle East, charges like blasphemy could carry the death penalty.

U.S. Capitol building is seen in Washington, Dec. 2, 2024.  (Celal Gunes/Anadolu via Getty Images)

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But guarantees of religious freedom in the Constitution mean that Sharia law can not be carried out on any governmental level in the U.S.

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The Republicans’ caucus appears largely symbolic in nature, but it’s evidence of the continued culture war raging in the country.

Self also pointed to countries like the U.K. and France, where growing unrest between Muslim refugees and the current populace has dominated headlines in recent years.

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Who’s running the LAPD? Chief’s style draws mixed reviews in first year

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Who’s running the LAPD? Chief’s style draws mixed reviews in first year

When an LAPD captain stood up during a meeting this fall and asked Chief Jim McDonnell to explain the role of his most trusted deputy, Dominic Choi, other top brass in attendance waited with anticipation for the reply.

Multiple department sources, who requested anonymity to discuss the private meeting and speak candidly about their boss, said McDonnell’s answer drew confused looks.

Some officials had began to wonder how closely the 66-year-old McDonnell, who stepped into the job in November 2024 after recent work in consulting and academia, was involved in day-to-day operations. Choi is often attached to his hip, and McDonnell has privately advised other senior staff to go through the assistant chief for key matters, leaving some uncertainty about how shots are called, the sources said.

At the senior staff meeting, McDonnell joked about not wanting to talk about Choi — who was not present in the room — behind his back, and told the captain that Choi was simply his “eyes and ears,” without offering more clarity, according to the sources.

The awkward exchange reflected the uncertainty that some LAPD officials feel about McDonnell’s leadership style.

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Over the last year, The Times spoke with numerous sources, from high-ranking commanders to beat cops on the street, along with recently retired LAPD officials and longtime department observers, to gather insights on McDonnell’s first 12 months as the city’s top cop.

By some measures, McDonnell has been a success. Violent crime citywide has continued to decline. Despite the LAPD’s hiring struggles, officials say that applications by new recruits have been increasing. And support for the chief remains strong in some political circles, where backers lauded his ability to navigate so many challenges, most not of his own making — from the city’s financial crisis and civil unrest to the devastating wildfires that hit just two months after he was sworn in.

At the same time, shootings by police officers have increased to their highest levels in nearly a decade and the LAPD’s tactics at protests this summer drew both public outrage and lawsuits. Some longtime observers worry the department is sliding back into a defiant culture of past eras.

“You’ve got a department that’s going to bankrupt the city but doesn’t want to answer for what it is going to be doing,” said Connie Rice, a civil rights attorney.

In an interview with The Times, McDonnell said he is proud of how his department has performed. He said his bigger plans for the LAPD are slowly coming together.

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McDonnell rose through the LAPD’s ranks early in his career, and acknowledged much has changed in the 14 years that he was away from the department. That’s why he has leaned “heavily” on the expertise of Choi, who served as interim chief before he took over, he said.

“He’s been a tremendous partner for me coming back,” McDonnell said.

Dominic Choi, who served as interim LAPD chief before Jim McDonnell was hired, speaks at a 2024 news conference with federal law enforcement officials.

(Al Seib / For The Times)

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McDonnell added that he has relied just as much on his other command staff, encouraging them to think and act for themselves “to get the job done.”

Retired LAPD commander Lillian Carranza is among those saying the new chief has failed to shake things up after Michel Moore stepped down abruptly in January 2024.

Instead, she said, McDonnell has lacked the decisiveness required to make real changes in the face of resistance from the police union and others.

“It appears that the chief thought he was coming back to the LAPD from 15 years ago,” she said of McDonnell. “It’s been a disappointment because of the individuals that he’s promoted — it just seems like Michel Moore 2.0 again.”

There are notable contrasts in style and strategy between McDonnell and his predecessor.

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Moore, who did not respond to a call seeking comment, often used his pulpit to try to get out ahead of potential crises. McDonnell has kept a lower profile. He has largely halted the regular press briefings that Moore once used to answer questions about critical incidents and occasionally opine on national issues.

Unlike Moore, who developed a reputation as a demanding manager who insisted on approving even minor decisions, McDonnell has seemingly embraced delegation. Still, his perceived deference to Choi, who also served as a top advisor to Moore, has led to questions about just how much has really changed. Choi has represented the department at nearly a fourth of all Police Commission meetings this year, a task usually performed by the chief.

Former LAPD Chief Michel Moore

Former LAPD Chief Michel Moore attends an event at the Police Academy on Dec. 7, 2023.

(Irfan Khan / Los Angeles Times)

It’s telling of their closeness, LAPD insiders said, that Choi occupies the only other suite on the 10th floor of LAPD headquarters with direct access, via a balcony, to McDonnell’s own office.

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Choi did not respond to a request for comment.

Mayor Karen Bass chose McDonnell as chief after a lengthy nationwide search, picking him over candidates who would have been the first Black woman or first Latino to lead the department. He offered experience, having also served as police chief in Long Beach and as L.A. County sheriff.

McDonnell has mostly avoided the type of headline-grabbing scandals that plagued the department under Moore. Meanwhile, homicides citywide were on pace to reach a 60-year low — a fact that the mayor has repeatedly touted as her reelection campaign kicks into gear.

In a brief statement, the mayor commended McDonnell and said she looked forward to working with him to make the city safer “while addressing concerns about police interaction with the public and press.”

Jim McDonnell and Karen Bass shake hands

Jim McDonnell shakes hands with Mayor Karen Bass after being introduced as LAPD chief during a news conference at City Hall on Oct. 4, 2024.

(Ringo Chiu / For The Times)

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McDonnell has taken steps to streamline the LAPD’s operations, including folding the department’s four homicide bureaus into the Robbery-Homicide Division and updating the department’s patrol plan to account for the department being down fewer officers.

John Lee, who chairs the City Council’s public safety committee, said the chief is the kind of experienced and steady leader the city needs as it gets ready to host the World Cup and Olympics. McDonnell, he said, deserves credit for guiding the LAPD through “unprecedented situations,” while largely delivering on promises to reduce crime and lift officer morale.

But among the rank and file, there is continued frustration with the department’s disciplinary system. The process, which critics outside the LAPD say rarely holds officers accountable, is seen internally as having a double standard that leads to harsh punishments for regular cops and slaps on the wrist for higher-ranking officials. Efforts at reform have repeatedly stalled in recent years.

McDonnell told The Times that officers have for years felt that the system was stacked against them. One of his priorities is “making the disciplinary system more fair in the eyes of those involved in it,” he said, and speeding up internal affairs investigations that can drag on for a year or more without “jeopardizing accountability or transparency.”

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He said he’d like to give supervisors greater authority to quickly weed out complaints that “are demonstrably false on their face” based on body camera footage and other evidence.”

But the lack of progress on the issue has started to rankle the Los Angeles Police Protective League, the union for officers below the rank of lieutenant. The League urged McDonnell to take action in a statement to The Times.

“The way we see it, the Chief is either going to leverage his mandate and implement change, much to the chagrin of some in his command staff that staunchly support the status quo, or he will circle the wagons around the current system and continue to run out the clock,” the statement read. ”There’s no need to keep booking conference rooms to meet and talk about ‘fixing discipline,’ it’s time to fish or cut bait.”

Perhaps more than anything, the ongoing federal immigration crackdown has shaped McDonnell’s first year as chief.

Although McDonnell is limited in what he can do in the face of raids by Immigration and Customs Enforcement and other federal agencies, some of the chief’s detractors say he is missing a moment to improve relations between police and citizens of a majority-Latino city.

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The son of Irish immigrants from Boston, McDonnell drew criticism during President Trump’s first term when, as L.A. County sheriff, he allowed ICE agents access to the nation’s largest jail. As LAPD chief, McDonnell has often voiced his support for long-standing policies that restrict cooperation on civil immigration enforcement and limit what officers can ask members of the public about their status in the country.

“I get hate mail from two extremes: those that are saying we’re not doing enough to work with ICE and those that are saying we’re working with ICE too much,” McDonnell said.

Gregory Bovino surrounded by agents

U.S. Border Patrol Cmdr. Gregory Bovino marches with federal agents to the Edward R. Roybal Federal Building on Aug. 14.

(Carlin Stiehl / Los Angeles Times)

Deputy Chief Alan Hamilton, who runs the department’s detective bureau, said McDonnell has to tread lightly politically and can’t follow the suggestion of some people that “we should use our law enforcement agencies to fight back against the feds.”

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“He can’t come out and say, ‘We oppose ICE, get out of our city,’ like some of these other clowns are doing,” Hamilton said. “I mean, what, are you just trying to bring the wrath?”

But the LAPD’s response to the protests against Trump’s agenda has repeatedly led to bad optics. Officers have stepped in to keep the peace when angry crowds form at the scene of ICE arrests, which some said created the appearance of defending the federal actions.

During large demonstrations — which have occasionally turned unruly, with bricks and Molotov cocktails hurled by some in the crowds — LAPD officers on foot or horseback have not held back in swinging batons, firing less-lethal munitions and even launching tear gas, a measure that hadn’t been deployed on the streets of L.A. in decades.

Press rights organizations and a growing list of people who say they were injured by police have filed lawsuits, potentially adding to the tens of millions in the legal bills the department already faces for protest-related litigation from years that predated McDonnell.

Attorney Susan Seager, who is suing the department over its recent protest tactics, said that McDonnell has seemed unwilling to second-guess officers, even when confronted with clear video evidence of them violating court-imposed restrictions.

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“I’ve never seen LAPD so unhinged at a protest shooting people,” she said.

LAPD officer pushes back an anti-ICE protester

An LAPD officer pushes back an anti-ICE protester during a rally on “No Kings Day” in downtown Los Angeles on June 14.

(Carlin Stiehl / Los Angeles Times)

McDonnell said that each use of force would be investigated thoroughly, and if necessary discipline would be imposed, but denied that his department’s response had been excessive.

What goes unmentioned by the LAPD’s detractors, he said, is how volatile and “kinetic,” protests have been, requiring officers to use all means available to them to avoid being overwhelmed by hostile crowds.

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Reporters and others on the front lines should know the risks of being there, he said.

“If the journalists are in that environment, they sometimes get hit with less-lethal projectiles — as do our police officers who are in that same environment,” he said.

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