XPost: alt.politics.trump, alt.fan.rush-limbaugh, alt.law-enforcement   
   XPost: sac.politics   
   From: antoniov@support-ice.org   
      
   Yes, Mr. President, you can shoot rockers. No, not the music aficionados,   
   but the Mexicans and others who throw rocks at Border Patrol Agents (BPA),   
   or anyone else.  Border violence is in the news again.  As I said two   
   years ago when this first came up, LadyDACA, Kirsten Nielsen, and   
   LadyboyDACA, Kevin McAleenan, lied about the legal response by BPA or any   
   other Federal, State, or local law enforcement officer, to being attacked   
   by a person throwing a rock [Mr. President, You Can Shoot Rockers, by   
   Federale, Federale Blog, November 4, 2018]. Just as LadyDACA lied, so did   
   John Kelly and James Mattis about Posse Comitatus, as James Fullford   
   explained yesterday [Disloyal Kelly And Mattis Refused To Let Trump Use   
   Troops To Defend Border, March 11, 2020]. There is a Deep State and it is   
   very active.  Sadly, President Trump keeps appointing these saboteurs.   
      
   Here's what happened when Trump told reporters when asked what American   
   troops would do if migrants threw rocks.  Trump said: “If they want to   
   throw rocks at our military, our military fights back. I told them,   
   ‘Consider it a rifle.’”   
      
   Nielsen and her top aides, who were traveling to New York for meetings and   
   had watched Trump’s remarks on Fox News, were horrified. The president had   
   just suggested, in comments carried live on TV, that American soldiers had   
   license to shoot to kill migrants at the border. Once again, they dropped   
   everything to head off a presidentially created crisis. Nielsen   
   frantically asked her staff to find the CBP use of force policy and send   
   it over to the White House immediately. Someone had to show it to Trump   
   and get him to walk back his comments right away, she said. Kevin   
   McAleenan, the CBP chief, called DHS lawyers to discuss the policy. The   
   rules were very clear. They stated that DHS personnel “may use deadly   
   force only when necessary, that is, when the officer/agent has a   
   reasonable belief that the subject of such force poses an imminent danger   
   of serious physical injury or death to the officer/agent or to another   
   person.” If migrants were throwing rocks, it would have to be met with   
   commensurate nonlethal force—not live ammunition from rifles, as the   
   president had suggested.   
      
   Border Wars: Inside Trump's Assault on Immigration, by Julie Hirschfeld   
   Davis and Michael D. Shear [emphases added].   
      
   The use of force by law enforcement, and specifically the use of deadly   
   force, is governed by the Supreme Court decision, Tennessee v. Garner.   
   The case held that a Tennessee statute that authorized deadly force to   
   prevent the escape of a felon was unconstitutional and the decision   
   established the standard that a law enforcement officer may only use   
   deadly force to protect himself or others from a threat of deadly force or   
   force that may cause great bodily harm.  The U.S. Border Patrol (USBP), as   
   well as other Federal, State, and local agencies, use that as the basis of   
   their use of force policies.  Here are the Use-of-Force guidelines for the   
   Department of Homeland Security (DHS) in 2004.  The standard is that   
   deadly force may be used by an officer or agent when that officer or agent   
   has a reasonable belief that there is an imminent danger of death or great   
   bodily injury.   
      
   From the current U.S. Customs and Border Protection (CBP) policy:   
      
   Authorized Officers/Agents may use deadly force only when necessary, that   
   is, when the officer/agent has a reasonable belief that the subject of   
   such force poses an imminent danger of serious physical injury or death to   
   the officer/agent or to another person.   
      
   a. Serious Physical Injury – Injury which creates a substantial risk of   
   death or which causes serious disfigurement, serious impairment of health   
   or serious loss or impairment of the function of any bodily organ or   
   structure or involves serious concussive impact to the head.   
      
   [Use of Force Policy, Guidelines and Procedures Handbook, by CBP, May,   
   2014]   
      
   Pay special attention to the lettered subparagraph, that specifically   
   covers attacks by use of deadly missiles, i.e., rocks and other hard   
   objects, commonly thrown by Mexicans and others attacking BPAs and Customs   
   and Border Protection Officers (CBPO) who work at the land border.   
      
   And this is not a new issue, as well as one of controversy.  It is   
   completely legal for agents and officers to be victims of rock attacks.   
   Rocks thrown by Mexicans have even taken down Border Patrol helicopters.   
   [Violence Against The Border Patrol: Whose Side Is Obama On?, June 27,   
   2014]   
      
   Remember, a rock killed the Philistine giant, Goliath.  Rocks are deadly.   
      
   Rocks can kill or cause great bodily injury.  That is the legal standard   
   for use of deadly force.  So, LadyDACA and LadyboyDACA lied to President   
   Trump about shooting rock throwers, rockers in the Border Patrol parlance.   
      
   But Barack Hussein Obama did not like it that Border Patrol Agents were   
   shooting rockers, so his administration tried to prosecute BPAs who shot   
   rockers.  They, and the Trump Administration, indicted and tried a BPA,   
   Lonnie Swartz, three times in an effort to protect illegal aliens.  Swartz   
   was found not guilty or had a hung jury in each attempt to railroad him.   
   Border Patrol use of deadly force has always been a complaint from the   
   left and they are always enraged that illegal aliens are getting shot for   
   attacking BPAs with rocks.   
      
   The good news is that the Supreme Court has decided on the issue, at least   
   in civil cases, that aliens outside the United States have no way to sue   
   law enforcement officers who are engaged in cross border shootings.   
      
   A deeply divided Supreme Court ruled Tuesday that the family of a Mexican   
   teen shot and killed by a U.S. Border Patrol agent cannot seek damages   
   because of the border that was between them.   
      
   The justices ruled 5-4 that Sergio Adrian Hernández Guereca, 15, lacked   
   constitutional protection against the use of excessive force because he   
   was in Mexico. Had he been in Texas with Border Patrol agent Jesus Mesa,   
   his family would have had a claim.   
      
   Associate Justice Samuel Alito wrote the opinion and was joined by the   
   court’s four other conservatives. The four liberal justices dissented.   
      
   “A cross-border shooting claim has foreign relations and national security   
   implications,” Alito said. “In addition, Congress has been notably   
   hesitant to create claims based on allegedly tortious conduct abroad.”   
      
   [Supreme Court Denies Mexican Family’s Damages Claim For Cross-Border   
   Shooting, by Richard Wolf, USAToday, February 25, 2020]   
      
   So, there you have it Mr. President.  You, the U.S. military, and Federal   
   law enforcement officers can shoot rockers.  It is completely legal.  The   
   Deep State lied to you, just as I told Stephen Miller, the bureaucrats are   
   lying to you.  Don’t believe them.   
      
      
   [continued in next message]   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)