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Archive for February 26th, 2020

Supreme Court: Mexican Family Cannot Sue Border Patrol Agent Who Killed Teenager in Cross-Border Shooting

Border marker at San Ysidro Port of Entry, via Border Patrol.

By Steve Neavling

ticklethewire.com

The family of a Mexican teenager killed in a cross-border shooting a decade ago cannot sue the U.S. Border Patrol agent who fired the fatal shot from American soil, a deeply divided Supreme Court ruled Tuesday.

In a 5-4 ruling, the court upheld a lower court’s decision to dismiss the lawsuit filed by the parents of 15-year-old Sergio Adrian Hernandez Guereca, who was fatally shot in 2010 by Border Patrol Agent Jesus Mesa Jr.

The teenager was on the Mexican side of the border when he was shot.

The central question: When Mexican teenagers are shot on the Mexican side of the border, can American families sue in U.S. courts?

The family of Guereca said the teenager was playing a game with friends when he was shot in the head by Mesa.

Mesa said he pulled the trigger because he was under attack by rock throwers.

The Supreme Court took the case in February 2017 but sent it back to a lower court for more proceedings.

At the time, the Trump administration argued the right to sue in U.S. courts “should not be extended to aliens injured abroad.”

The court’s decision will make it more difficult for foreign nationals to sue federal officers for civil rights violations.

“A cross-border shooting claim has foreign relations and national security implications,” Associate Justice Samuel Alito wrote, The USA Today reports. “In addition, Congress has been notably hesitant to create claims based on allegedly tortious conduct abroad.”

Associate Justice Ruth Bader Ginsburg disagreed because the shooting occurred on the U.S. side of the border.

“Neither U.S. foreign policy nor national security is in fact endangered by the litigation,” Ginsburg wrote. “Moreover, concerns attending the application of our law to conduct occurring abroad are not involved, for plaintiffs seek the application of U.S. law to conduct occurring inside our borders.”

John Brown Named Executive Assistant Director of FBI’s National Security Branch

Current FBI headquarters, via FBI

By Steve Neavling

ticklethewire.com

John Brown has been named executive assistant director (EAD) of the National Security Branch at FBI headquarters in Washington D.C.

Brown’s responsibility is to ensure the FBI can defend the U.S. and its interests from national security threats.

Most recently, Brown served as the assistant director of the Counterintelligence Division at FBI headquarters.

Brown’s career with the FBI began in 1999, when he served as a special agent assigned to the Chicago Field Office, where he primarily worked counterintelligence investigations.

In 2004, he was part of an FBI team working counterterrorism operations with the Department of Defense in Iraq.

In 2005, Brown returned to FBI headquarters as a supervisory special agent in the Counterterrorism Division and later became unit chief, overseeing international terrorism investigations. He also led the creation of the bureau’s first unit dedicated to investigating terrorists using the Internet.

In 2008, Brown moved to the Chicago Field Office to supervise a counterterrorism squad.

From 2010 to 2011, Brown served with the U.S. Army in Afghanistan before returning to Chicago.

A year later, Brown was promoted to section chief in the Cyber Division at FBI headquarters in 2012 and returned to the Chicago office in 2014 to lead a social media cyber squad. Brown was later named assistant special agent in charge of Chicago’s cyber and counterintelligence operations.

In 2016, Brown was promoted to special agent in charge of the Administrative Branch of the Los Angeles Field Office. In 2018, Brown began serving as the special agent in charge of the San Diego Field Office.

Before joining the FBI, Mr. Brown served in the U.S. Army as an air defense and military intelligence officer.