It’s never been used in combat before: U.S. Drops ‘Mother Of All Bombs’ On ISIS Target In Afghanistan

https://youtu.be/RFTQZ48J3kU

U.S. forces used their largest non-nuclear bomb for the first time in combat on Thursday, striking Islamic State militants in Afghanistan’s Nangarhar province around 7:30 p.m. local time.

The strike was carried out “as part of ongoing efforts to defeat ISIS-K in Afghanistan in 2017,” according to a U.S. Central Command press release.

The military objective was to drop the bomb “and get it over and done with and get the ISIS forces killed off,” Barbara Starr, CNN’s Pentagon correspondent, said.

The bomb used is a GBU-43 or Massive Ordnance Air Blast, commonly referred to as the “mother of all bombs.” It contains 11 tons of explosives, according to The Associated Press.

It was chosen in an effort to “minimize the risk to Afghan and U.S. Forces conducting clearing operations in the area while maximizing the destruction of ISIS-K fighters and facilities,” the CENTCOM press release says.

“As ISIS-K’s losses have mounted, they are using IEDs, bunkers and tunnels to thicken their defense,” Gen. John W. Nicholson, commander of the U.S. forces in Afghanistan, said in the release. “This is the right munition to reduce these obstacles and maintain the momentum of our offensive against ISIS-K.”

The bomb “targeted a system with tunnels and caves making it easier for [ISIS] to target U.S. military advisers and Afghan forces in the area,” White House press secretary Sean Spicer said Thursday. “We must deny them operational space, which we did.”

By Willa Frej

In: thehuffingtonpost 

President Donald Trump Signs Off on Killing Internet Privacy Protections

President Donald Trump has signed a repeal of internet privacy rules despite criticism that it threatens to undermine online safety and enable unconstitutional mass surveillance.

The overturning of the Obama-era privacy protections, which was supported by Congress in a March 28 vote, will allow internet providers to share personal information with advertisers and other third parties without consumer consent.

In protest against the decision, internet rights nonprofit Fight for the Future plans to place billboards with the names of the members of Congress who voted to repeal the bill. The group warns that the collection and sharing of personal information puts internet users at risk to hackers and identity thieves, while at the same time expanding the abilities of government surveillance programs.

“Donald Trump said he was going to drain the swamp, but it didn’t take long for the swamp to drain him,” Evan Greer, campaign director of Fight for the Future, said in an emailed statement to Newsweek.

“The only people in the United States who want less internet privacy are CEOs and lobbyists for giant telecom companies who want to rake in money by spying on all of us and selling the private details of our lives to marketing companies.”

Greer also pointed out the irony of Trump expressing outrage about alleged violations of his own privacy while signing legislation that will significantly infringe on the privacy of Americans. (Trump has accused former President Barack Obama of tapping his phones in the run up to the election.)

“President Trump has misjudged his base on this issue,” she added. “No one wants their Internet Service Provider to sell their information without their permission.”

Major providers—including AT&T, Comcast and Verizon—supported the overturning of the internet privacy protections, saying companies like Google and Facebook did not face the same restrictions for how they handle user data.

Privacy advocates argue that the same rules do not apply for Internet Service Providers (ISPs) and technology companies because ISPs are fundamental for accessing the internet. The Federal Communications Commission (FCC) claims the move will increase competition and make it more fair for internet providers.

“President Trump and Congress have appropriately invalidated one part of the Obama-era plan for regulating the internet,” FCC Chairman Ajit Pai said in a statement. “Those flawed privacy rules, which never went into effect, were designed to benefit one group of favored companies, not online consumers.”

In: newsweek 

See more: Trump Signs Measure to Let ISPs Sell Your Data Without Consent 

China’s approach to eradicating poverty

‘Investing in new business sectors, such as rural tourism, is important’. Image: REUTERS

Poverty is a global issue and poverty eradication must be a common task for those wishing to improve global governance. In Transforming our world: the 2030 Agenda for Sustainable Development, the UN says: “We recognize that eradicating poverty in all its forms and dimensions, including extreme poverty, is the greatest global challenge and an indispensable requirement for sustainable development.”

Guan Tzu, an ancient Chinese economist said: “When the granaries are full, they will know propriety and moderation; when their clothing and food are adequate, they will know the distinction between honour and shame.”

Poverty eradication will help reduce inequality and facilitate inclusive growth. If people living in poverty can shake off their plight, it can expand market capacity, enhance the specialized division of labour and facilitate a more efficient and unified large market. Moreover, the resulting strengthening of marginal propensity to consume (MPC) will inject new vigour and energy into economic growth.

As an ancient Chinese proverb goes: “Give a man a fish and you feed him for a day. Teach a man to fish and you feed him for a lifetime.” All sustainable and effective poverty alleviation measures ultimately rely on industrial development. Industrial development in poverty-stricken areas in China is hindered by many restrictions. We must raise the low level of industrial development in these regions and break away from the vicious circle of low-level industrial development, an unattractive investment environment and degrading industrial development.

To encourage self-driven growth and the development of a local market and businesses, it is imperative to introduce external market forces. Regional industrial funds can guide and integrate resources, such as funds, technologies and talent, for investment in market entities in specific regions. Industrial investment funds, which combine the industrial capital and resources of these areas, can improve employment opportunities for people in poverty and financial input in these areas, realizing poverty eradication in a fundamental way.

Efforts can be made to build capital strength for local enterprises and improve their corporate governance structures and management. For industrial development, steps can be taken to: advance the transformation and upgrading of traditional agriculture; cultivate new business sectors in rural areas; promote the integration of primary, secondary and tertiary industries; and bolster competition in rural industries. When it comes to society, endeavors can be made to optimize the investment environment and improve financing for small and medium businesses.

Newly-built residential buildings are seen next to the partially-frozen Songhua River and a bridge in Jilin, Jilin province February 3, 2015. Image: REUTERS/Stringer

To help remove the restrictions hindering the industrial development of poverty-stricken areas, the Chinese government has established two industrial poverty-alleviation funds. With the current total strength of 15 billion Renminbi yuan and the duration of 15 years, the two funds are expected to operate at a larger scale in the future. Both funds, operated and managed by State Development & Investment Corporation (SDIC), will follow market-oriented methods.

It is necessary to go off the beaten track and find innovative investment approaches for fund investment in impoverished areas. These might include integrating upper-stream industry chains with region-specific resources by cooperation with selected leading local enterprises, so that industries with local characteristics can move from disorderly competition towards benign development.

Investing in new business sectors, such as rural tourism, eco-agriculture and rural e-commerce, is also important. Furthermore, employing diverse investment methods, like sub-fund, debt investment and optimized direct investment, can attract more social investment for poverty alleviation and solve the problem of difficult and expensive financing for small and medium enterprises. If funds take advantage of their lengthy duration and low costs; work to support the talent, technological and managing advantages of leading enterprises; and invest in the resources and industries that demonstrate the local characteristics of the area, they can promote the ability of poverty-stricken areas to self-develop.

Poverty eradication is a common cause for all of society. China has developed a unique approach to this challenge by perpetually eliminating poverty through industrial development – a method of great significance for developing countries. Socially responsible enterprises must work together to declare a war on poverty and realize the great goal of “eradicating poverty in all its forms and dimensions” in the world.

Written by: Wang Huisheng, Chairman, State Development & Investment Corporation (SDIC)

In: webforum

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

Trump recommits to U.S. allies but says they must pay ‘fair share’

By Matt Spetalnick | WASHINGTON

President Donald Trump on Tuesday reaffirmed support for the United States’ longstanding security alliances around the world but insisted that friends and partners from Europe to the Middle East to the Pacific must “pay their fair share of the cost.”

In his first nationally televised speech to Congress since taking office on Jan. 20, Trump sought to reassure allies still uneasy over doubts he raised during the 2016 presidential campaign about his commitment to their defense and to maintaining a U.S. global leadership role.

But he also made clear that he expects those countries to shoulder more of the burden of their own security needs, echoing a campaign message that some allies had taken advantage of Washington’s generosity in providing them a security umbrella.

“Our foreign policy calls for a direct, robust and meaningful engagement with the world,” Trump told a joint session of Congress. “It is American leadership based on vital security interests that we share with our allies across the globe.”

He specifically assured NATO allies of his new administration’s continued commitment to the decades-old alliance. However, he made no mention of one of the main sources of European concern: his friendly overtures during the campaign toward Russian President Vladimir Putin.

“We strongly support NATO, an alliance forged through the bonds of two World Wars that dethroned fascism and a Cold War that defeated communism,” Trump said.

“But our partners must meet their financial obligations,” he said. “And now, based on our very strong and frank discussions, they are beginning to do just that.”

Then, deviating from his prepared remarks, Trump added: “In fact, I can tell you the money is pouring in. Very nice.” But he offered no specifics.

Some critics had accused Trump of failing to recognize the benefit that accrued to the United States of having strong democratic allies helping to stabilize volatile areas like the Middle East, Ukraine and South Asia.

Trump’s remarks followed the deployment earlier this month of senior Cabinet members to Brussels, Bonn and Munich, Germany, aimed at calming European worries.

The Europeans heard from Defense Secretary James Mattis that the North Atlantic Treaty Organization military alliance was not “obsolete” after all, despite Trump’s suggestions to the contrary.

Vice President Mike Pence told them that Russia would be “held accountable” for its actions in Ukraine.

Mattis made his first foreign trip to South Korea and Japan, where he sought to ease concerns about what Trump’s self-styled “America First” strategy means for U.S. foreign policy in Asia.

While seeming to tackle some of the doubts of U.S. allies, Trump still made clear that he wanted them to do more.

“We expect our partners, whether in NATO, in the Middle East, or the Pacific, to take a direct and meaningful role in both strategic and military operations, and pay their fair share of the cost,” he said.

(Reporting by Matt Spetalnick; Editing by Jonathan Oatis)

In: Reuters

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 

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

Robert Harward Turns Down Offer to Become President Trump’s National Security Adviser

Retired Navy Vice Adm. Robert Harward has turned down an offer to become President Donald Trump’s national security adviser, a White House official said on Thursday.

Image: Vice Adm. Robert Harward in 2011. Sgt. Shawn Coolman / U.S. Marine Corps/AP

“It’s purely a personal issue,” Harward told The Associated Press on Thursday evening. “I’m in a unique position finally after being in the military for 40 years to enjoy some personal time.”

White House Press Secretary Sean Spicer said, “He is a great man who has served his country with distinction. Any discussion was subject to him overcoming family and financial concerns [which] he could not do.”

Trump is searching for a replacement for retired Army Lt. Gen. Michael Flynn, who resigned on Monday over phone calls with Russia’s ambassador to the United States, communications that reportedly involved discussions of sanctions leveled against the country during the Obama administration.

Harward, a former Navy SEAL, spent almost 40 years in the Navy and was on President George W. Bush’s National Security Council, with experience in several Middle Eastern countries, as well as Somalia and Bosnia.

Retired Navy Vice Adm. Robert Harward has turned down an offer to become President Donald Trump’s national security adviser, a White House official said on Thursday.

“It’s purely a personal issue,” Harward told The Associated Press on Thursday evening. “I’m in a unique position finally after being in the military for 40 years to enjoy some personal time.”

White House Press Secretary Sean Spicer said, “He is a great man who has served his country with distinction. Any discussion was subject to him overcoming family and financial concerns [which] he could not do.”

Trump is searching for a replacement for retired Army Lt. Gen. Michael Flynn, who resigned on Monday over phone calls with Russia’s ambassador to the United States, communications that reportedly involved discussions of sanctions leveled against the country during the Obama administration.

Harward, a former Navy SEAL, spent almost 40 years in the Navy and was on President George W. Bush’s National Security Council, with experience in several Middle Eastern countries, as well as Somalia and Bosnia.

Harward left a military career for a job as chief executive for defense giant Lockheed Martin in the United Arab Emirates, where he is responsible for strategy, operations and growth, according to the company.

Harward had been considered a front-runner for the job. Trump has appointed retired Army Gen. Keith Kellogg as acting adviser.

Related: Who Are the Possible Replacements for Flynn?

In announcing his resignation Monday, Flynn said he “inadvertently briefed the Vice President Elect and others with incomplete information regarding my phone calls with the Russian ambassador.”

Trump said Thursday that he didn’t believe Flynn did anything wrong, but he said he did not direct Flynn to call the ambassador and discuss sanctions.

“I fired him because of what he said to Mike Pence, very simple,” Trump said.

“Mike was doing his job. He was calling countries and his counterparts, so it certainly would have been OK with me if he did it,” Trump said. “I would have directed him to do it if I thought he wasn’t doing it. I didn’t direct him, but I would have directed him, because that’s his job.”

In: nbc

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