Eric Holder did stay at a Holiday Inn Express last night

Claiming to have fired in self defense, an American border guard on duty fatally shot a Mexican citizen trying to cross into our country. In response the U.S. Attorney General is conducting … a civil rights investigation?!

Federal officials confirmed that a civil-rights investigation was opened into the shooting of Hernández, who died on the Mexican side of the river from a bullet wound to the head.
Civil-rights investigations can look into crimes committed by law enforcement officers in the course of their duties.

The video shows an encounter that begins when a group of men try to cross a border fence near the railroad Black Bridge, just west of the Paso del Norte Bridge connecting Juárez to Downtown El Paso.
A Border Patrol agent is seen arriving on a bicycle, and rocks are allegedly being thrown at the agent while he tries to detain a man on the U.S. edge of the river. The agent is seen pointing his handgun. Three gunshots are heard.
Hernández can then be seen lying on the ground at the foot of the Black Bridge on the Mexican side of the mostly dry river. It is not shown if Hernandez was throwing rocks.

Lionel HutzThere’s no way he was in America when he was shot, and then ducked back across the border before dying. People with mortal gunshot wounds to the head aren’t exactly renowned for climbing fences or crossing rivers.
The Department of Justice should definitely investigate the shooting, since the agent may have committed a crime and/or a human rights violation. But how can Holder accuse the agent of violating the dead kid’s federal civil rights? The dead kid was not an American. He was a Mexican. In Mexico. Does 42 USC § 1983 cover him too?! Apparently our top cop learned the law from Lionel Hutz.
I move for a bad court thingy.

1 comment
  1. Alo, I don’t disagree with your premise – US law/protections should not apply to non-US citizens outside the US.
    But put on your lawyer hat for a second & consider this case in the context of the GTMO detainees. Our residents of club GTMO are not US citizens & not in the US. But, they are under the control of US citizens. The Supreme Court (not just the US AG) says if the Constitution/federal law applies to the detainers, it applies to the detainees. I assume you’d rather have the AG following the law, than making it up as he goes.
    Now, assuming a bullet to the head = detention, and the shooter is a US law enforcement agent, then federal law applies. The civil rights cases have long stood for the proposition that a deprivation of life is a violation of civil rights.
    On the merits, if the guy was operating in self-defense, he should not be punished. If he shot the guy in cold-blood, we as a society shouldn’t accept that, regardless of whether the victim was a US citizen or not. The legal mechanism we use to review the underlying question is frankly of little relevance.

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