From Newsgroup: alt.law-enforcement

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: rCLIf they want to
throw rocks at our military, our military fights back. I told them, rCyConsider it a rifle.rCOrCY

Nielsen and her top aides, who were traveling to New York for meetings and
had watched TrumprCOs 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 rCLmay 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.rCY If migrants were throwing rocks, it would have to be met with commensurate nonlethal forcerConot 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 rCo 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 Hern|indez 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 courtrCOs four other conservatives. The four liberal justices dissented.

rCLA cross-border shooting claim has foreign relations and national security implications,rCY Alito said. rCLIn addition, Congress has been notably hesitant to create claims based on allegedly tortious conduct abroad.rCY

[Supreme Court Denies Mexican FamilyrCOs 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. DonrCOt believe them.

https://vdare.com/posts/yes-mr-president-border-guards-can-shoot-rock- throwers-in-self-defence
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