What A Horrible Ruling

WildRose · 2020-02-26T03:56:27.420Z

This was a big national news story in the US when it happened.

WildRose · 2020-02-26T03:57:56.335Z

This was not collateral damage.

To me the only issue is if he acted within policy and training guidelines.

I have a real problem with anyone being able to sue over the death of someone illegally present in the US or for illegals to be able to sue anyone in the US.

WildRose · 2020-02-26T04:00:18.793Z

It’s both really. Once they enter illegally it’s definitely a law enforcement issue. Generally most countries at least in the west have a specific police service responsible for immigration control and use only the military to prevent incursions of foreign military actors.

It becomes a very clouded issue in the modern era because we’ve got the WOT going on and our primary threat is from terrorists.

Ben_Natuf · 2020-02-26T04:10:56.283Z

the only thing that clouds it is we being the only advanced country on the planet for whom deporting illegal aliens is not solely an executive function.

WuWei · 2020-02-26T11:42:34.882Z

Ben_Natuf:

the reasoning is sound. no different than soldiers being exempt. Should a soldier be liable to civil suits for collateral deaths in war? i think not

They aren’t soldiers.

Ben_Natuf · 2020-02-26T19:01:21.005Z

they protect our borders. that by definition is a military mission.

WuWei · 2020-02-26T19:46:47.546Z

Ben_Natuf:

they protect our borders. that by definition is a military mission.

They are not soldiers, they are cops.

MoleUK · 2020-02-26T19:58:21.911Z

WuWei:

They are not soldiers, they are cops.

What if he was? Would he be facing charges?

mikee · 2020-02-26T20:03:08.778Z

WildRose:

This was not collateral damage.

To me the only issue is if he acted within policy and training guidelines.

I have a real problem with anyone being able to sue over the death of someone illegally present in the US or for illegals to be able to sue anyone in the US.

Per the linked article: the person who was shot was NOT “present in the US” (legally or otherwise) they were in Mexico.

WildRose · 2020-02-26T20:03:56.002Z

He was actually straddling the border since the culvert was the border.

MoleUK · 2020-02-26T20:06:42.279Z

WildRose:

He was actually straddling the border since the culvert was the border.

“Likely shot in the neck while he was running.”

"He was unarmed, standing on the Mexican side of the border on a sidewalk on Calle Internacional street, in front of a doctor’s office, below a sign reading “Medical Emergencies” in Spanish. He was hit from behind by 10 bullets."

And there was video footage but US customs and border protection refused to release it. I’m surprised they’d be allowed to refuse that in court.

WildRose · 2020-02-26T20:25:07.460Z

Keep reading. It states that the culvert on which he was standing was the border.

WuWei · 2020-02-27T01:44:38.466Z

MoleUK:

WuWei:

They are not soldiers, they are cops.

What if he was? Would he be facing charges?

No. If he was a good soldier he wouldn’t have shot a kid for chunking rocks. That’s not how you handle that.

WuWei · 2020-02-27T01:45:04.646Z

WildRose:

He was actually straddling the border since the culvert was the border.

Irrelevant.

WildRose · 2020-02-27T03:30:58.657Z

It is to the question of whether the kid was on US soil or not which was the crux of the decision.

Paul_Thomson · 2020-02-27T04:05:56.915Z

WuWei:

No. If he was a good soldier he wouldn’t have shot a kid for chunking rocks. That’s not how you handle that.

Was he “a kid”? “A youth”? Or “a military aged male”? Two of the above? Or all three?

WildRose · 2020-02-27T04:17:42.344Z

You can be all three actually.

Ben_Natuf · 2020-02-27T08:49:06.951Z

they shouldn’t be

I have advocated rolling cpb into the coast guard and creating a “border guard” under DoD control for years. Along with that we need to join every other developed nation and make deporting illegal aliens a strictly executive function.

WuWei · 2020-02-27T11:42:52.755Z

Paul_Thomson:

WuWei:

No. If he was a good soldier he wouldn’t have shot a kid for chunking rocks. That’s not how you handle that.

Was he “a kid”? “A youth”? Or “a military aged male”? Two of the above? Or all three?

All three.

WuWei · 2020-02-27T11:43:52.492Z

Ben_Natuf:

they shouldn’t be

And yet, they are. And because of stare decisis, they are now immune.