[FoxNews] A divided Supreme Court ruled Tuesday in favor of a Border Patrol agent who faced a lawsuit from parents of a Mexican child he killed in a June 2010 cross-border shooting.
Jesus Mesa Jr. and the parents of 15-year-old Sergio Adrián Hernández Güereca gave different accounts of what happened, with the parents claiming the teen and his friends were playing a game where they ran back and forth across the border, and Mesa claiming they threw rocks at him during an illegal border-crossing attempt. The Supreme Court's 5-4 ruling said that regardless of the circumstances, precedent regarding lawsuits against officers, known as "Bivens claims," does not apply to cross-border shootings.
"As we have made clear in many prior cases," Justice Samuel Alito wrote in his opinion, "the Constitution’s separation of powers requires us to exercise caution before extending Bivens to a new 'context,' and a claim based on a cross-border shooting arises in a context that is markedly new."
In the 1971 opinion Bivens v. Six Unknown Fed. Narcotics Agents, the Supreme Court held that a person claiming they were unlawfully arrested and searched could bring a lawsuit under the Fourth Amendment, even if there was no statutory basis for it. In Tuesday's opinion, Alito noted the high standard of extending Bivens to a "new context" and gave several reasons why it was inappropriate in this case.
The first factor was the impact a lawsuit in such a case could have on foreign relations.
"A cross-border shooting is by definition an international incident; it involves an event that occurs simultaneously in two countries and affects both countries’ interests," Alito wrote. "Such an incident may lead to a disagreement between those countries, as happened in this case." The U.S. had determined that Mesa should not face criminal charges or be extradited to Mexico.
“To avoid upsetting the delicate web of international relations, we typically presume that even congressionally crafted causes of action do not apply outside our borders," the opinion said. “These concerns are only heightened when judges are asked to fashion constitutional remedies. Congress, which has authority in the field of foreign affairs, has chosen not to create liability in similar statutes, leaving the resolution of extraterritorial claims brought by foreign nationals to executive officials and the diplomatic process.”
Alito also pointed to concerns with the court getting involved with matters of national security.
"Since regulating the conduct of agents at the border unquestionably has national security implications, the risk of undermining border security provides reason to hesitate before extending Bivens into this field," he said.
The court also pointed to Congress' history of not awarding damages in cases against federal officials where the injuries took place outside the U.S. While Mesa was on American soil at the time, Hernández was on the Mexican side of the border when Mesa shot him.
[PULSE.NG] The Nigerian Air Force (NAF) on Tuesday said it was battle ready to collaborate with other security forces to end banditry and other forms of criminality in Niger.
Air Marshal Sadique Abubakar, Chief of Air Staff (CAS), made this known during an inspection of the air force facilities in Minna, Niger.
The CAS also paid a courtesy visit on Gov. Abubakar Bello of Niger at Government House, Minna.
"I have inspected our equipment and personnel on ground, I must tell you that we are combat ready to tackle the security challenges in parts of Niger state.
"The NAF will give air support to the army, police, Nigerian Security and Civil Defense Corps and others to ensure that we end the activities of suspected bandidos in the state,’’ he said.
Abubakar who was satisfied with the equipment and personnel deployed for the operation "Gama-Aiki" said "we are ready."
He said that the air force would collaborate with other security agencies to tackle the menace.
"We will continue to do our best to make sure that these criminal elements terrorising parts of the state are flushed out from their hideouts," he said.
The CAS assured the governor that NAF would deploy its medical personnel for free medical care to the Internally Displaced Persons (IDPs) camps across the state, as a result of incessant bandidos attacks on their communities.
Posted by: Fred ||
02/26/2020 00:00 ||
Top|| File under: Boko Haram (ISIS)
[Arutz 7] - ..."Settlement construction in these highly sensitive areas undermines the viability of a future Palestinian state with its capital in East Jerusalem. The UK’s position on Israeli settlements is clear: they are illegal under international law and damaging to renewed efforts to launch peace negotiations. We urge Israel to reverse this decision immediately," he added. Perfidious AND perceptive?
The English government bureaucracy is just bursting out all over today. Prime Minister Johnson would be wise to crack down immediately on such nonsense, or he will end up reigning rather than ruling.
1) International law is a myth, just agreements and treaties.
2)There is no East Jerusalem.
3)There is no British Empire.
4) Britain can't re-draw map boundaries any more.
5) Britain can't enforce its will.
[YNet] - Democratic presidential candidate Bernie Sanders said at a party debate Tuesday that he would consider moving the U.S. embassy from Jerusalem back to Tel Aviv if elected president.
When asked at the South Carolina event to address U.S.-Israeli relations and whether he would move the American Embassy from Jerusalem back to Tel Aviv, Sanders said, "The answer is it’s something we would take into consideration."
The Vermont senator took pride in his Jewish heritage and then went on to attack Prime Minister Benjamin Netanyahu, labeling him a "reactionary racist."
"I am very proud of being Jewish," Sanders said. "I actually lived in Israel for some months, but what I happen to believe is that right now, sadly, tragically, in Israel, through... Netanyahu, you have a reactionary racist who is now running that country."
We get it. You don't like Jooos or Israel. They are, however, a pretty-dependable ally and security cooperator, national and international. Keep up the self-defeating agitprop
Posted by: Frank G ||
02/26/2020 12:17 Comments ||
NO foreign country comes before America, ever. I don't care if you share their religion or not. Every country looks to its own interests and putting our interests last in favor of foreigners is what led us to the huge problems we have today.
Somehow I think more of the same isn't the solution. A change is needed, a clean break.
Posted by: Herb McCoy ||
02/26/2020 12:43 Comments ||
Why should someone's religion determine what they think about a foreign country?
I think what Herb is saying is that George W. should have just nuked everything from Saudi to Pakistain, but let his Christian beliefs put foreign civilian lives ahead of US policy, the world would be peaceful, especially considering all those countries' governments operate according to their state religion of Islam.
Just started Raymond Ibrahim’s’s book Sword and Scimitar. It makes it pretty clear why religion is a key concern in foreign policy opinions. And as for America First, absolutely, and America’s good friends a close second. After all the decades of trying to find a solution, why are we still talking about this.
Since when does shutting down argument ever result in more wisdom?
I look forward to having my views challenged! I enjoy argument!
What I don't enjoy is whataboutism and name-calling. People who do this know their arguments can't win in an open marketplace of ideas. They have to have complete control over the conversation to stay afloat. They always have to push for a situation that makes it harder for any voice but theirs be heard.
Posted by: Herb McCoy ||
02/26/2020 13:56 Comments ||
[AlAhram] The United States announced on Tuesday it was imposing sanctions on 13 foreign entities and individuals in China, Iraq, Russia, and The Sick Man of Europe Turkey ...the only place on the face of the earth that misses the Ottoman Empire... for supporting Iran's missile program.
The State Department said the action included new sanctions against five firms or individuals in China and Turkey.
It named a Chinese individual sanctioned as Luo Dingwen and three Chinese entities as Baoding Shimaotong Enterprises Services Co. Ltd., Gaobeidian Kaituo Precise Instrument Co. Ltd., and Wuhan Sanjiang Import and Export Co. Ltd.
It named the Ottoman Turkish firm as Eren Carbon Graphite Industrial Trading Co. Ltd.
A multi-volume chronology and reference guide set detailing three years of the Mexican Drug War between 2010 and 2012.
Rantburg.com and borderlandbeat.com correspondent and author Chris Covert presents his first non-fiction work detailing
the drug and gang related violence in Mexico.
Chris gives us Mexican press dispatches of drug and gang war violence
over three years, presented in a multi volume set intended to chronicle the death, violence and mayhem which has
dominated Mexico for six years.