La ignorancia es atrevida: Pastor Soto hace el rídiculo pisando bandera de Cuzco pensando que es de LGTB en vivo

Pastor (imbécil) chileno quiso ofender a gays y pisó bandera del Cusco. Como dicen, la ignorancia es atrevida y mantiene en la zona de comodidad a las personas, pero este tipo ya “pecó” de estúpido.

https://youtu.be/eX9FjVJvDPo

Machismo: Se buscan camareras guapas, altas, y solteras

Una oferta de empleo para una discoteca de Benidorm pide camareras con buen físico y sin “rollos ni novios enfermos celosos”

Imagen: http://ep01.epimg.net/elpais/imagenes/2017/06/05/mujeres/1496690001_102054_1496696033_sumario_normal_recorte1.jpg . Click en la imagen para mayor detalle.

Por: ISABEL VALDÉS

Julio Granado, encargado de la discoteca Richard New Look de Benidorm, coloca varios emojis tristes en una de sus últimas publicaciones de Facebook. Es un vídeo en el que afirma no entender por qué más de una, y de uno, se ha tomado a mal su oferta de empleo. Pide camareras guapas, con buen físico, simpáticas y solteras. Lo de solteras es imprescindible, porque no quiere rollos ni novios enfermos y celosos que las esperen a la salida, y mucho menos que las controlen en la barra. Al final del anuncio pareció recordar un requisito más: hay que ser alta, y si no lo son, tendrán que trabajar en tacones o con plataformas.

El anuncio, publicado la noche del domingo 4 de junio, empezó a recibir críticas de forma casi inmediata, tantas que el propio Granado (apodado El Feroz) lo eliminó de las redes sociales. Este lunes 5 de junio decidió que tenía que dar alguna explicación y, sobre todo, defenderse de las mujeres, “que se han vuelto locas”. En tres minutos y 13 segundos emite su discurso, en él repite varias veces que nunca le ha faltado al respeto a una mujer, ni siquiera con el anuncio en cuestión, lo cual de por sí supone una incoherencia. Pero él, que parece cincelado por la factoría Mujeres y hombres y viceversa, pide que recapacitemos (las mujeres, en general).

Si alguien se para diez minutos a recapacitar sobre este anuncio y sobre la argumentación posterior de ese futuro jefe, probablemente no sepa por dónde meter mano a tan prolífica sarta de comentarios machistas. En unas cuantas palabras y un vídeo corto caben todos y cada uno de los clichés sobre la mujer, sobre el mundo de “la noche”, y sobre la mezcla de ambos. Es la constatación de que todavía hay quien no es capaz de reconocer el machismo, ni aunque le esté cayendo encima; prueba de ello es no solo el vídeo, sino la cantidad de comentarios que “entienden” y jalean las explicaciones.

Los requisitos físicos, tan comunes en esos trabajos que Granado llama “la noche”, son solo una de las muchas piedras que las mujeres tienen que esquivar en ese mundo nocturno, y que en este caso se podría ampliar a las azafatas de marcas de bebidas alcohólicas, a las encargadas de repartir flyers, y si apuran, como en este caso, a las responsables del ropero. La realidad es que para ser camarera hay otras características mucho más imprescindibles, como medir bien las copas, tener memoria y ser rápida. Pero ese mundo, también rebosante de hombres, decidió en algún momento que hay que estar buena, y nada más.

Añadidas el resto de advertencias, la situación solo puede volverse más oscura. Él, que ya ha visto muchas veces cómo llega alguien a “tirarle los trastos” a la camarera, y cómo aquello acaba en pelea con el novio en cuestión, y cómo ella termina llorando y yéndose, no comprende por qué puede sorprenderle a nadie que no quiera empleadas solteras.

Esa sucesión de hechos, que parece tan obvia como predecible para Granado, es la constatación, bastante triste, de varias obviedades que muchos, en sus arrebatos virtuales, han denominado “chungas”. Y sí, algunas de ellas son bastante chungas. La mujer adorno, expuesta como si fuese carne fresca en una vitrina, que ponga copas rápido, sonría ante los “piropos” y no dé problemas; los novios celosos, esos que acaban a tortazo limpio porque creen que su novia es de su propiedad; los clientes que, naturalmente, irán a “tirarle los trastos” a la camarera y a ligar, algo que coloquialmente se llama “baboso”. Y la guinda, la aceptación de todo ello y el intento por justificarlo como lógico. “Si tienes un novio loco, celoso y enfermo ya sabes que no vas a poder trabajar en la noche”, arguye Granado, que también apunta que hay chicas con novios “normales”.

Ya al final del vídeo, para terminar de rematar el zurcido argumental, explica que su discoteca tiene algunas barras altas, de ahí la necesidad de llevar tacones, “para dar una imagen mejor”, razonamiento aderezado con un movimiento de manos que marca justo la altura del pecho. Pero en ningún caso él ha querido ofender, y pide perdón en el vídeo más de una vez a aquellas mujeres que se hayan podido sentir ofendidas.

Solo hay una cosa en la que tiene razón Granado: nadie quiere un novio así para su vida, pero no porque fastidien el negocio, sino porque nos fastidian la vida.

En: elpais

A Southern lawmaker called Lincoln a ‘tyrant’ and compared him to Hitler

Abraham Lincoln. (Library of Congress, Prints and Photographs)

Abraham Lincoln’s name is frequently invoked as one the greatest — if not the greatest — leaders ever produced on American soil.

Adolf Hitler’s name is frequently invoked as one of the worst — if not the worst — human beings ever produced on Planet Earth, a man worthy of enough scorn that his name is a colloquial benchmark for what constitutes evil (i.e., “That guy sucks, but he’s no Adolf Hitler”).

Aside from being born in the same century, these two men would seem to have very little in common, unless you’re asking North Carolina lawmaker Larry Pittman.

The Republican General Assembly member from Cabarrus County this week called the 16th president “the same sort (of) tyrant” as Adolf Hitler,” according to the Charlotte Observer.

Pittman made the comparison on Facebook while responding to a commenter who was critical of legislation the lawmaker has introduced that seeks to bring an end to same-sex marriage in North Carolina, the Observer reported.

Pittman’s bill maintains that the “U.S. Supreme Court overstepped with its 2015 ruling that effectively voided an amendment to North Carolina’s constitution forbidding same-sex marriage,” according to the Associated Press.

North Carolina state Rep. Larry G. Pittman. (North Carolina General Assembly). Image: washingtonpost

Pittman appeared to be arguing that the definition of marriage should be left to the states, the Observer reported, when he wrote that North Carolina should ignore same-sex marriage “in spite of the opinion of a federal court.”

“And if Hitler had won, should the world just get over it?” he added. “Lincoln was the same sort if (sic) tyrant, and personally responsible for the deaths of over 800,000 Americans in a war that was unnecessary and unconstitutional.”

Pittman did not respond to requests for comment from The Post.

Now, as you may suspect, Pittman is not alone in his assessment of Lincoln in the Deep South, where the Civil War is often called the “War of Northern Aggression.”

And while his Lincoln/Hitler comparison may sound absurd, the argument that Pittman is trying to make is based on the 10th Amendment, which says the federal government possesses only those powers delegated to it by the Constitution and that all remaining powers are reserved for the states or the people.

It was the Southern states’ attempt to secede, based on the 10th Amendment argument — and Lincoln’s actions to prevent that — that resulted in the Civil War.

And the 10th Amendment argument has been used repeatedly against federal legislation and court actions, such as school desegregation and the Civil Rights Act. (Other amendments and clauses in the Constitution have been used as the basis of arguments made in support of federal laws and regulations, defeating those challenges based on the 10th Amendment.)

Pittman’s comments arrived a day after another prominent Republican dropped a widely criticized Hitler comparison.

While discussing Syrian President Bashar al-Assad’s alleged use of chemical weapons, White House press secretary Sean Spicer said that the weapons were so heinous that even Adolf Hitler did not even use them during World War II, according to The Washington Post’s Jenna Johnson and Ashley Parker.

White House press secretary Sean Spicer on April 11 said Adolf Hitler didn’t use chemical weapons during World War II. Hitler’s regime exterminated millions of Jews in gas chambers.(Reuters)

Hitler — as the media quickly pointed out — killed millions of Jews using gas chambers.

“We didn’t use chemical weapons in World War II. You know, you had a, you know, someone as despicable as Hitler who didn’t even sink to using chemical weapons,” Spicer said. “So you have to if you’re Russia, ask yourself: Is this a country that you, and a regime, that you want to align yourself with? You have previously signed onto international agreements, rightfully acknowledging that the use of chemical weapons should be out of bounds by every country.”

Johnson and Parker reported that, in an attempt to clarify his comments, Spicer then said Hitler took Jews “into the Holocaust center” but that Hitler “was not using the gas on his own people in the same way that Assad is doing.”

In: washingtonpost

What Biracial People Know

 / March 4, 2017

After the nation’s first black president, we now have a white president with the whitest and malest cabinet since Ronald Reagan’s. His administration immediately made it a priority to deport undocumented immigrants and to deny people from certain Muslim-majority nations entry into the United States, decisions that caused tremendous blowback.

What President Trump doesn’t seem to have considered is that diversity doesn’t just sound nice, it has tangible value. Social scientists find that homogeneous groups like his cabinet can be less creative and insightful than diverse ones. They are more prone to groupthink and less likely to question faulty assumptions.

What’s true of groups is also true for individuals. A small but growing body of research suggests that multiracial people are more open-minded and creative. Here, it’s worth remembering that Barack Obama, son of a Kenyan father and a white Kansan mother, wasn’t only the nation’s first black president, he was also its first biracial president. His multitudinous self was, I like to think, part of what made him great — part of what inspired him when he proclaimed that there wasn’t a red or blue America, but a United States of America.

As a multiethnic person myself — the son of a Jewish dad of Eastern European descent and a Puerto Rican mom — I can attest that being mixed makes it harder to fall back on the tribal identities that have guided so much of human history, and that are now resurgent. Your background pushes you to construct a worldview that transcends the tribal.

You’re also accustomed to the idea of having several selves, and of trying to forge them into something whole. That task of self-creation isn’t unique to biracial people; it’s a defining experience of modernity. Once the old stories about God and tribe — the framing that historically gave our lives context — become inadequate, on what do we base our identities? How do we give our lives meaning and purpose?

President Trump has answered this challenge by reaching backward — vowing to wall off America and invoking a whiter, more homogeneous country. This approach is likely to fail for the simple reason that much of the strength and creativity of America, and modernity generally, stems from diversity. And the answers to a host of problems we face may lie in more mixing, not less.

Consider this: By 3 months of age, biracial infants recognize faces more quickly than their monoracial peers, suggesting that their facial perception abilities are more developed. Kristin Pauker, a psychologist at the University of Hawaii at Manoa and one of the researchers who performed this study, likens this flexibility to bilingualism.

Early on, infants who hear only Japanese, say, will lose the ability to distinguish L’s from R’s. But if they also hear English, they’ll continue to hear the sounds as separate. So it is with recognizing faces, Dr. Pauker says. Kids naturally learn to recognize kin from non-kin, in-group from out-group. But because they’re exposed to more human variation, the in-group for multiracial children seems to be larger.

This may pay off in important ways later. In a 2015 study, Sarah Gaither, an assistant professor at Duke, found that when she reminded multiracial participants of their mixed heritage, they scored higher in a series of word association games and other tests that measure creative problem solving. When she reminded monoracial people about their heritage, however, their performance didn’t improve. Somehow, having multiple selves enhanced mental flexibility.

But here’s where it gets interesting: When Dr. Gaither reminded participants of a single racial background that they, too, had multiple selves, by asking about their various identities in life, their scores also improved. “For biracial people, these racial identities are very salient,” she told me. “That said, we all have multiple social identities.” And focusing on these identities seems to impart mental flexibility irrespective of race.

It may be possible to deliberately cultivate this kind of limber mind-set by, for example, living abroad. Various studies find that business people who live in other countries are more successful than those who stay put; that artists who’ve lived abroad create more valuable art; that scientists working abroad produce studies that are more highly cited. Living in another culture exercises the mind, researchers reason, forcing one to think more deeply about the world.

Another path to intellectual rigor is to gather a diverse group of people together and have them attack problems, which is arguably exactly what the American experiment is. In mock trials, the Tufts University researcher Samuel Sommers has found, racially diverse juries appraise evidence more accurately than all-white juries, which translates to more lenient treatment of minority defendants. That’s not because minority jurors are biased in favor of minority defendants, but because whites on mixed juries more carefully consider the evidence.

The point is that diversity — of one’s own makeup, one’s experience, of groups of people solving problems, of cities and nations — is linked to economic prosperity, greater scientific prowess and a fairer judicial process. If human groups represent a series of brains networked together, the more dissimilar these brains are in terms of life experience, the better the “hivemind” may be at thinking around any given problem.

The opposite is true of those who employ essentialist thinking — in particular, it seems, people who espouse stereotypes about racial groups. Harvard and Tel Aviv University scientists ran experiments on white Americans, Israelis and Asian-Americans in which they had some subjects read essays that made an essentialist argument about race, and then asked them to solve word-association games and other puzzles. Those who were primed with racial stereotypes performed worse than those who weren’t. “An essentialist mind-set is indeed hazardous for creativity,” the authors note.

None of which bodes well for Mr. Trump’s mostly white, mostly male, extremely wealthy cabinet. Indeed, it’s tempting to speculate that the administration’s problems so far, including its clumsy rollout of a travel ban that was mostly blocked by the courts, stem in part from its homogeneity and insularity. Better decisions might emerge from a more diverse set of minds.

And yet, if multiculturalism is so grand, why was Mr. Trump so successful in running on a platform that rejected it? What explains the current “whitelash,” as the commentator Van Jones called it? Sure, many Trump supporters have legitimate economic concerns separate from worries about race or immigration. But what of the white nationalism that his campaign seems to have unleashed? Eight years of a black president didn’t assuage those minds, but instead inflamed them. Diversity didn’t make its own case very well.

One answer to this conundrum comes from Dr. Sommers and his Tufts colleague Michael Norton. In a 2011 survey, they found that as whites reported decreases in perceived anti-black bias, they also reported increasing anti-white bias, which they described as a bigger problem. Dr. Sommers and Dr. Norton concluded that whites saw race relations as a zero-sum game. Minorities’ gain was their loss.

In reality, cities and countries that are more diverse are more prosperous than homogeneous ones, and that often means higher wages for native-born citizens. Yet the perception that out-groups gain at in-groups’ expense persists. And that view seems to be reflexive. Merely reminding whites that the Census Bureau has said the United States will be a “majority minority” country by 2042, as one Northwestern University experiment showed, increased their anti-minority bias and their preference for being around other whites. In another experiment, the reminder made whites more politically conservative as well.

It’s hard to know what to do about this except to acknowledge that diversity isn’t easy. It’s uncomfortable. It can make people feel threatened. “We promote diversity. We believe in diversity. But diversity is hard,” Sophie Trawalter, a psychologist at the University of Virginia, told me.

That very difficulty, though, may be why diversity is so good for us. “The pain associated with diversity can be thought of as the pain of exercise,” Katherine Phillips, a senior vice dean at Columbia Business School, writes. “You have to push yourself to grow your muscles.”

Closer, more meaningful contact with those of other races may help assuage the underlying anxiety. Some years back, Dr. Gaither of Duke ran an intriguing study in which incoming white college students were paired with either same-race or different-race roommates. After four months, roommates who lived with different races had a more diverse group of friends and considered diversity more important, compared with those with same-race roommates. After six months, they were less anxious and more pleasant in interracial interactions. (It was the Republican-Democrat pairings that proved problematic, Dr. Gaither told me. Apparently they couldn’t stand each other.)

Some corners of the world seem to naturally foster this mellower view of race — particularly Hawaii, Mr. Obama’s home state. Dr. Pauker has found that by age 7, children in Massachusetts begin to stereotype about racial out-groups, whereas children in Hawaii do not. She’s not sure why, but she suspects that the state’s unique racial makeup is important. Whites are a minority in Hawaii, and the state has the largest share of multiracial people in the country, at almost a quarter of its population.

Constant exposure to people who see race as a fluid concept — who define themselves as Asian, Hawaiian, black or white interchangeably — makes rigid thinking about race harder to maintain, she speculates. And that flexibility rubs off. In a forthcoming study, Dr. Pauker finds that white college students who move from the mainland to Hawaii begin to think differently about race. Faced daily with evidence of a complex reality, their ideas about who’s in and who’s out, and what belonging to any group really means, relax.

Clearly, people can cling to racist views even when exposed to mountains of evidence contradicting those views. But an optimistic interpretation of Dr. Pauker’s research is that when a society’s racial makeup moves beyond a certain threshold — when whites stop being the majority, for example, and a large percentage of the population is mixed — racial stereotyping becomes harder to do.

Whitelash notwithstanding, we’re moving in that direction. More nonwhite babies are already born than white. And if multiracial people work like a vaccine against the tribalist tendencies roused by Mr. Trump, the country may be gaining immunity. Multiracials make up an estimated 7 percent of Americans, according to the Pew Research Center, and they’re predicted to grow to 20 percent by 2050.

President Trump campaigned on a narrow vision of America as a nation-state, not as a state of people from many nations. His response to the modern question — How do we form our identities? — is to grasp for a semi-mythical past that excludes large segments of modern America. If we believe the science on diversity, his approach to problem solving is likely suboptimal.

Many see his election as apocalyptic. And sure, President Trump could break our democracy, wreck the country and ruin the planet. But his presidency also has the feel of a last stand — grim, fearful and obsessed with imminent decline. In retrospect, we may view Mr. Trump as part of the agony of metamorphosis.

And we’ll see Mr. Obama as the first president of the thriving multiracial nation that’s emerging.

—————-

Moises Velasquez-Manoff, the author of “An Epidemic of Absence: A New Way of Understanding Allergies and Autoimmune Disease,” is a contributing opinion writer.

A version of this op-ed appears in print on March 5, 2017, on Page SR1 of the New York edition with the headline: What Biracial People Know.

In: nytimes

White House Bars Times and Other News Outlets From Briefing

Image: https://www.nytimes.com/2017/02/24/us/politics/white-house-sean-spicer-briefing.html?_r=0

WASHINGTON — Journalists from The New York Times and several other news organizations were prohibited from attending a briefing by President Trump’s press secretary on Friday, a highly unusual breach of relations between the White House and its press corps.

Reporters from The Times, BuzzFeed News, CNN, The Los Angeles Times and Politico were not allowed to enter the West Wing office of the press secretary, Sean M. Spicer, for the scheduled briefing. Aides to Mr. Spicer only allowed in reporters from a handpicked group of news organizations that, the White House said, had been previously confirmed.

Those organizations included Breitbart News, the One America News Network and The Washington Times, all with conservative leanings. Journalists from ABC, CBS, The Wall Street Journal, Bloomberg, and Fox News also attended.

Reporters from Time magazine and The Associated Press, who were set to be allowed in, chose not to attend the briefing in protest of the White House’s actions.

“Nothing like this has ever happened at the White House in our long history of covering multiple administrations of different parties,” Dean Baquet, the executive editor of The Times, said in a statement. “We strongly protest the exclusion of The New York Times and the other news organizations. Free media access to a transparent government is obviously of crucial national interest.”

The White House Correspondents’ Association, which represents the press corps, quickly rebuked the White House’s actions.

“The W.H.C.A. board is protesting strongly against how today’s gaggle is being handled by the White House,” the association president, Jeff Mason, said in a statement. “We encourage the organizations that were allowed in to share the material with others in the press corps who were not. The board will be discussing this further with White House staff.”

The White House move came hours after Mr. Trump delivered a slashing attack on the news media in a speech at the Conservative Political Action Conference. The president denounced news organizations as “dishonest” purveyors of “fake news” and mocked journalists for claiming free speech rights.

“They always bring up the First Amendment,” Mr. Trump said to cheers.

A White House spokeswoman, Sarah Huckabee Sanders, played down the events in an email on Friday afternoon.

“We invited the pool so everyone was represented,” Ms. Sanders wrote. “We decided to add a couple of additional people beyond the pool. Nothing more than that.”

Mr. Spicer’s small-group Friday session, known as a gaggle, was scheduled as a no-camera event, less formal than his usual briefings that are carried live on cable news. But past administrations have not hand-selected outlets that can attend such sessions.

“It was clear that they let in a lot of news outlets with less reach who are Trump-friendly,” said Noah Bierman, a White House reporter for The Los Angeles Times, who was barred. “They let in almost every network but CNN. That’s concerning, the handpicking aspect of it.”

Two of the barred outlets, CNN and The Times, have been a particular focus of Mr. Trump’s ire. And during the presidential campaign, some journalists from BuzzFeed News and Politico were prohibited from attending Trump rallies.

Representatives of the barred news organizations made clear that they believed the White House’s actions on Friday were punitive.

“Apparently this is how they retaliate when you report facts they don’t like,” CNN said in a statement.

Ben Smith, editor in chief of BuzzFeed, called it “the White House’s apparent attempt to punish news outlets whose coverage it does not like.”

In: nytimes 

Subsidio por maternidad

Imagen: http://m1.paperblog.com/i/375/3750244/embarazo-trabajo-proteccion-laboral-maternida-L-2wKaDX.jpeg

En relación al pago de las prestaciones económicas por maternidad (Decreto Supremo N° 002-2016-TR), SERVIR comunica a los jefes y responsables o al que haga sus veces de las Oficinas de Recursos Humanos en el Estado lo siguiente:

  • El artículo 2º del Decreto Supremo modifica el primer párrafo del artículo 16º del Reglamento de la Ley Nº 26790, Ley de Modernización de la Seguridad Social en Salud, aprobado por Decreto Supremo Nº 009-97-SA, disponiendo que las prestaciones económicas (subsidios) por maternidad se otorguen por noventa y ocho (98) días, los cuales pueden distribuirse en los períodos inmediatamente anteriores o posteriores al parto, conforme lo elija la madre, con la condición de que durante esos períodos no realice trabajo remunerado.
  • El Seguro Social de Salud del Perú (ESSALUD), a través de la Carta Circular Nº 015-GCSPE-ESSALUD-2016, ha señalado que las condiciones para el otorgamiento de las prestaciones económicas (subsidios) por maternidad, en lo que refiere a los 8 días adicionales, son las siguientes:
    a. El alumbramiento se haya producido a partir del 10 de marzo del presente año inclusive; o
    b. La fecha probable de parto sea a partir del 10 de marzo del presente año (y el alumbramiento no se haya producido).
  • En ese orden, la carta circular estipula que los Certificados de Incapacidad Temporal por Maternidad se emiten por noventa y ocho (98) días. Asimismo, a los certificados emitidos por noventa (90) días, con anterioridad a la vigencia del Decreto Supremo Nº 002-2016-TR, y que cumplan con las condiciones antes indicadas, se les adicionará un Certificado por ocho (08) días en el periodo de post-parto.

Lima, 31 de marzo de 2016

Gerencia de Desarrollo del Sistema de Recursos Humanos

En: servir.gob.pe

Supreme Court To Decide If Mexican Nationals May Sue For Border Shooting

The cellphone video is vivid. A border patrol agent aims his gun at an unarmed 15-year-old some 60 feet away, across the border with Mexico, and shoots him dead.

On Tuesday, the U.S. Supreme Court hears arguments in a case testing whether the family of the dead boy can sue the agent for damages in the U.S.

Between 2005 and 2013, there were 42 such cross-border shootings, a dramatic increase over earlier times.

The shooting took place on the border between El Paso, Texas, and Juárez, Mexico.

The area is about 180 feet across. Eighty feet one way leads to a steep incline and an 18-foot fence on the U.S. side — part of the so-called border wall that has already been built. An almost equal distance the other way is another steep incline leading to a wall topped by a guardrail on the Mexican side.

In between is a the dry bed of the Rio Grande with an invisible line in the middle that separates the U.S. and Mexico. Overhead is a railroad bridge with huge columns supporting it, connecting the two countries.

In June 2010, Sergio Hernández and his friends were playing chicken, daring each other to run up the incline on the U.S. side and touch the fence, according briefs filed by lawyers for the Hernández family.

At some point U.S. border agent Jesus Mesa, patrolling the culvert, arrived on a bicycle, grabbed one of the kids at the fence on the U.S. side, and the others scampered away. Fifteen-year-old Sergio ran past Mesa and hid behind a pillar beneath the bridge on the Mexican side.

As the boy peeked out, Agent Mesa, 60 feet or so away on the U.S. side, drew his gun, aimed it at the boy, and fired three times, the last shot hitting the boy in the head.

Although agents quickly swarmed the scene, they are forbidden to cross the border. They did not offer medical aid, and soon left on their bikes, according to lawyers for the family.

A day after the shooting, the FBI’s El Paso office issued a press release asserting that agent Mesa fired his gun after being “surrounded” by suspected illegal aliens who “continued to throw rocks at him.”

Two days later, cell phone videos surfaced contradicting that account. In one video the boy’s small figure can be seen edging out from behind the column; Mesa fires, and the boy falls to the ground.

“The statement literally says he was surrounded by these boys, which is just objectively false,” says Bob Hilliard, who represents the family. Pointing to the cell phone video, he says it is “clear that nobody was near ” agent Mesa.

In one video, a woman’s voice is heard saying that some of the boys had been throwing rocks, but the video does not show that, and by the time the shooting takes place, nobody is surrounding agent Mesa.

The U.S. Department of Justice decided not to prosecute Mesa. Among other things, the department concluded that it did not have jurisdiction because the boy was not on U.S. soil when he was killed.

Mexico charged the agent with murder, but when the U.S. refused to extradite him, no prosecution could go forward.

U.S. Customs and Border Patrol did not discipline agent Mesa—a fact that critics, including high-ranking former agency officials, say reflects a pattern inside the agency.

The parents of the slain boy, however, have sued Mesa for damages, contending that the killing violated the U.S. Constitution by depriving Sergio Hernández of his life.

“I can’t believe that this is allowed to happen – that a border patrol agent is allowed to kill someone on the Mexican side, and nothing happens,” Sergio’s mother, Maria Guadalupe Güereca Betancour, says through an interpreter.

As the case comes to the Supreme Court, there has been no trial yet and no court finding of facts. Mesa continues to maintain that he shot the boy in self-defense after being surrounded by rock-throwing kids.

That’s a scenario that Mesa’s lawyers say is borne out by other videos from stationary cameras that have not been released to the public.

“It was clear that Agent Mesa was in an area that is wrought with narcotics trafficking and human trafficking,” asserts Randolph Ortega, who represents Mesa on behalf of the border patrol agents union. “And it’s clear that, in my opinion, he was defending himself.”

The only question before the Supreme Court centers on whether the Hernández family has the right to sue. A divided panel of the Fifth Circuit Court of Appeals concluded that no reasonable officer would have done what Agent Mesa did, and that therefore the family could sue.

However, the full court of appeals reversed that judgment, ruling that because the Hernández boy was standing on the Mexico side of the border and was a Mexican citizen with no ties to the United States, his family could not sue for a violation of the U.S. Constitution. Moreover, the appeals court said that even if the facts as alleged by the Hernández family are true, Mesa is entitled to qualified immunity, meaning he cannot be sued because there is no clearly established body of law barring his conduct.

Lawyers for the Hernández family counter that Supreme Court precedents establish a practical approach in determining whether there is a right to sue for the use of excessive force in circumstances like these. Lawyer Hilliard says yes, the boy was across the border when the shots were fired, but by just 60 feet.

“This is a domestic action by a domestic police officer standing in El Paso, Texas, who is to be constrained by this country’s constitution,” Hilliard contends. “There’s a U.S. Supreme Court case that says a law enforcement officer cannot seize an individual by shooting him dead, which is what happened in this case.”

Hilliard argues that if you follow the border patrol’s argument to its necessary conclusion, “it means that a law enforcement officer is immune to the Constitution when exercising deadly force across the border.

“He could stand on the border and target practice with the kids inside the culvert,” Hilliard warns.

But lawyer Ortega replies that’s not true, and asks how the court should draw the line.

“How far does it extend? Does it extend 40 feet? As far as the bullet can travel? All of Juárez, Mexico? All of (the state of) Chihuahua, Mexico? Where does the line end?”

Backed by the federal government, he suggests that a ruling in favor of the Hernández family would mean foreigners could sue over a drone attack.

Now it’s up to the Supreme Court to decide where to draw the line.

In: npr

1 2 3 4