By Nathan Barton
The Washington Times reports that the infamous Nazgul of the 9th Circuit Court have decided that a Border Patrol agent who shot and killed a sixteen-year-old male in Mexico while shooting from Arizona did NOT have immunity, for the murder, in a civil suit brought by the dead youth’s mother.
Cross his line… or don’t!
The case is disgusting and an example of the arrogance of federal agents and agencies, and the disgusting behavior of our court system, including both judges and juries. Shooting across the border in claimed self-defense against a crowd throwing rocks at him, the killer apparently hit the Mexican youth TEN times.
(That is amazing, given the usual ability to shoot of too many federal and local cops, who can turn a car into Swiss cheese with hundreds of shots fired, and only hit their victim a couple or half-dozen times.)
A federal jury in Arizona acquitted the killer of second-degree murder, but deadlocked on lesser manslaughter charges. A retrial is scheduled for this Fall. Meanwhile, the mom sought (a la OJ Simpson, I guess) to win civil damages from the agent under federal law, of acting under color of authority to deny someone their Constitutional rights. Especially due process. The youth (claimed by several to not be part of the stone-throwing crowd), was tried, sentenced and executed by the federal thug. Just as hundreds of Americans are, inside the borders of the Fifty States, each year.
The agent claimed immunity because the Mexican kid was not IN one of the Fifty States (or some other colony of DC), when he was killed. In essence, the kid did not have any constitutional rights (much less rights from the Declaration of Independence). (You know, life, liberty, and all that?)
So the 9th Circuit followed precedent and has, again (along with other courts), stated that even non-Americans OUTSIDE of American jurisdiction have the rights expressed in the Bill of Rights. (The case is Rodriguez v Swartz, 9th U.S. Circuit Court of Appeals, No. 15-16410.)
Now we have lots of people crowing over how that is going to squash Trump’s efforts to get rid of DACA and not be able to build a wall and “militarize” the borders, and a lot of other junk.
Do they think that this ruling will do all that? Even stop some other border patrol thug, other federal law enforcer, or even the Barney Fife-wantabe from gunning down some other poor person? Really? They are totally clueless.
I expect the guy to get nothing more than what the sniper at Ruby Ridge, the arsonists at Waco, or a hundred other killers in blue or back uniforms get. A free ride.
(Indeed, earlier today, I head about the two Sheriff’s goons in Louisiana, who back in October choked a man to death to pull him off his tractor because he dared to ask to see the warrant they had for his arrest. He was killed for trespassing, some time before they tried to arrest him. They got off scot-free.)
But just imagine if this ruling were really applied on its face? Gareth suggested that this means that ANY and ALL non-US citizens, resident OUTside the Fifty States, are able to exercise all rights protected in the Bill of Rights. We know (under various court decisions) that it is not just federal agents that are supposed to not infringe on our rights. It applies to state and local thugs as well. It even applies to Tribal goons. And after all, they are “sovereign,” even if in a special relationship with the FedGov. (Kinda like Israel, or the UK? Dunno.)
Why should it not be understood to apply to agents and officials of ANY government? And why not to ANY right guaranteed in the Bill of Rights? For instance, a German official trying to steal a German’s right of free speech while enforcing their dragonian “no Nazi symbols” laws? Or an Aussie being denied the right to arms by a thug in New South Wales? Or even a poor Honduran border-jumper who gets booted back after sneaking into Mexico?
In essence, this ruling, if applied honestly and fairly, makes the FedGov the sworn enemy of virtually every other state and government on the planet – and maybe even in the universe. Sworn? After all, don’t all these FedGov types, from the Prez on down, swear (or affirm) an oath to “uphold” the Constitution? Doesn’t “uphold” include “enforce?”
This might be just what the Neo-Cons and the Tranzis and (according to all the Trump-haters), Trump himself needs as an excuse to go ahead and declare the other 194 countries criminals and enemies of the FedGov – and fair game. Wow, ‘Merica really IS the ruler of the Universe!
Of course, a lot of us might be content to have someone enforce the concept that Americans have constitutional right INSIDE the Fifty States. But that is probably too much to expect.