According to the brief in Chicago Headline Club et al. v. Noem et al, lawyers combed through every frame of video turned over by the government looking for proof that a rock was thrown at Bovino before he launched gas—but “they could identify no such video,” the filing says—then pressed Department of Justice to point to any clip that supported their claim. None did, the motion says.

“Defendant DHS and defendant Bovino have made up a false story to justify misconduct,” the filing continues. “Defendant Bovino has lied under oath about this issue. This court should doubt defendants’ credibility as a result.”