1 00:00:00,040 --> 00:00:02,400 Speaker 1: When I was time for our daily Bloomberg Law Brief, 2 00:00:02,480 --> 00:00:04,920 Speaker 1: exploring legal issues in the news. It's brought to you 3 00:00:05,000 --> 00:00:10,040 Speaker 1: by American Arbitration Association. Business disputes are inevitable, resolve faster 4 00:00:10,080 --> 00:00:14,280 Speaker 1: with the American Arbitration Association, the global leader in alternative 5 00:00:14,280 --> 00:00:17,520 Speaker 1: dispute resolution for over ninety years. More at a d 6 00:00:17,760 --> 00:00:21,200 Speaker 1: r dot org. Today, Bloomberg LA Hostjum Grasso and Greg 7 00:00:21,280 --> 00:00:25,120 Speaker 1: Stewart discussed the Supreme Court case of Hernandez versus Mesa, 8 00:00:25,200 --> 00:00:28,000 Speaker 1: concerning a Mexican boy who was shot by US border 9 00:00:28,040 --> 00:00:31,840 Speaker 1: control agents. They speak with Brian Gorod, a Chief council 10 00:00:31,880 --> 00:00:35,600 Speaker 1: at the Constitutional Accountability Center, and Andrew Kent, a professor 11 00:00:35,640 --> 00:00:39,640 Speaker 1: at Fordham University Law School. Brian, can you just lay 12 00:00:39,640 --> 00:00:42,440 Speaker 1: out the facts in this case for us? The facts 13 00:00:42,440 --> 00:00:45,640 Speaker 1: that this case are incredibly tragic. I don't think anyone 14 00:00:45,680 --> 00:00:49,159 Speaker 1: would disagree about that. A fifth year old boy was 15 00:00:49,240 --> 00:00:51,879 Speaker 1: playing with some friends UM in a culvert of the 16 00:00:51,960 --> 00:00:54,960 Speaker 1: Rio Grand right at the border between El Paso, Texas 17 00:00:54,960 --> 00:00:57,800 Speaker 1: and oar Has, Mexico. UM. They were playing, you know 18 00:00:57,800 --> 00:00:59,680 Speaker 1: the curds of games that kids play, running back in 19 00:00:59,760 --> 00:01:04,120 Speaker 1: for UM. One of those boys, UM was tragically shot 20 00:01:04,160 --> 00:01:07,959 Speaker 1: in the head and killed by a Customs Patrol border agent. 21 00:01:08,480 --> 00:01:10,840 Speaker 1: And the question for the court now is whether the 22 00:01:10,880 --> 00:01:13,560 Speaker 1: mere happenstance that he happened to be just south of 23 00:01:13,640 --> 00:01:16,040 Speaker 1: the border as opposed to just north of the border 24 00:01:16,480 --> 00:01:20,520 Speaker 1: makes a difference from a constitutional perspective, whether because of 25 00:01:20,560 --> 00:01:24,440 Speaker 1: that that loan fact, his family can't receive any damages 26 00:01:24,920 --> 00:01:27,720 Speaker 1: to redress the really tragic loss that they've suffered. Andrew 27 00:01:27,760 --> 00:01:30,720 Speaker 1: It seemed at the court the conservative justices seemed to 28 00:01:30,720 --> 00:01:34,680 Speaker 1: be looking for a definitive rule or a limit. Chief 29 00:01:34,720 --> 00:01:37,400 Speaker 1: Justice Roberts said, how about the case of a drone 30 00:01:37,520 --> 00:01:42,200 Speaker 1: strike in Iraq? What's your reaction to that particular bent, Well, 31 00:01:42,200 --> 00:01:45,280 Speaker 1: the government certainly does prefer the bright line rule that 32 00:01:45,360 --> 00:01:47,800 Speaker 1: has historically governed here, which, as you said at the outset, 33 00:01:48,320 --> 00:01:52,280 Speaker 1: is that non citizens outside the United States have constitutional rights. 34 00:01:52,600 --> 00:01:55,000 Speaker 1: I should note that that doesn't mean they don't have 35 00:01:55,040 --> 00:01:57,920 Speaker 1: any legal rights. A lot of times international law can 36 00:01:57,960 --> 00:02:01,360 Speaker 1: provide pretty important restraint on the way the United States 37 00:02:01,360 --> 00:02:04,520 Speaker 1: government uses force or does other things outside our border, 38 00:02:04,840 --> 00:02:08,040 Speaker 1: and some important United States statutes also restrained the government 39 00:02:08,040 --> 00:02:11,440 Speaker 1: when it's acting outside our borders against non citizens. But again, 40 00:02:11,480 --> 00:02:13,600 Speaker 1: the bright line rule has always been that the Constitution 41 00:02:13,720 --> 00:02:17,079 Speaker 1: does not do that for non citizens outside the US, 42 00:02:17,120 --> 00:02:20,120 Speaker 1: and certainly just for the purpose of legal predictability, the 43 00:02:20,160 --> 00:02:23,799 Speaker 1: government would prefer that they know what the rules are, 44 00:02:23,919 --> 00:02:28,400 Speaker 1: and they would prefer less restraint, there more leeway when 45 00:02:28,400 --> 00:02:31,800 Speaker 1: they're acting outside the borders. Probably the you know, worst 46 00:02:31,840 --> 00:02:35,000 Speaker 1: situation would be one if there's um kind of a mushy, 47 00:02:35,120 --> 00:02:38,239 Speaker 1: case by case hard to know when whether the Constitution 48 00:02:38,280 --> 00:02:41,000 Speaker 1: is going to apply or not decision that comes out 49 00:02:41,000 --> 00:02:43,400 Speaker 1: of here, because then you know the government's going to 50 00:02:43,480 --> 00:02:45,919 Speaker 1: need to act as if the Constitution might apply while 51 00:02:45,960 --> 00:02:47,799 Speaker 1: not knowing whether it is or not, and there'd be 52 00:02:47,800 --> 00:02:52,399 Speaker 1: a lot of legal uncertainty. That's Andrew kent To, professor 53 00:02:52,480 --> 00:02:56,440 Speaker 1: at Fordham University Law School, and brianne go Ra, Chief 54 00:02:56,480 --> 00:03:00,320 Speaker 1: council at the Constitutional Accountability Center, speaking with bloom La 55 00:03:00,360 --> 00:03:03,560 Speaker 1: hosting Grosso and Greg Store. You can listen to Bloomberg 56 00:03:03,639 --> 00:03:06,840 Speaker 1: Law weekdays at one pm Wall Street Time here on 57 00:03:06,919 --> 00:03:10,680 Speaker 1: Bloomberg Radio Now. Among the top legal stories from Bloomberg Law, 58 00:03:10,760 --> 00:03:14,120 Speaker 1: a stunning downfall for the man who once led Hong Kong. 59 00:03:14,680 --> 00:03:18,280 Speaker 1: The city's former chief executive, Donald Swong has been sentenced 60 00:03:18,280 --> 00:03:22,520 Speaker 1: to twenty months in prison. Song was convicted of misconduct 61 00:03:22,560 --> 00:03:25,440 Speaker 1: in a conflict of interest case involving a luxury apartment. 62 00:03:25,840 --> 00:03:29,639 Speaker 1: His wife says he plants to appeal. Prosecutors say they 63 00:03:29,639 --> 00:03:33,560 Speaker 1: have more ammunition to use against Las Vegas gambler Billy Walters, 64 00:03:33,760 --> 00:03:37,200 Speaker 1: who's accused of insider trading. Walter's allegedly made forty three 65 00:03:37,200 --> 00:03:40,240 Speaker 1: million dollars in Dean Foods by trading on tips from 66 00:03:40,240 --> 00:03:43,920 Speaker 1: the company's former chairman. Prosecutors also want to show jurors 67 00:03:43,920 --> 00:03:47,520 Speaker 1: that Walter's engaged in illegal trading in Apple and Clorox. 68 00:03:47,840 --> 00:03:50,360 Speaker 1: Walter's lawyers say it's too late to bring that into 69 00:03:50,400 --> 00:03:53,360 Speaker 1: the case. And that's this morning's Bloomberg Law Brief. You 70 00:03:53,400 --> 00:03:56,480 Speaker 1: can find more legal news at Bloomberg Law dot com 71 00:03:56,520 --> 00:04:00,000 Speaker 1: and Bloomberg BNA dot com. Attorneys will find exceptional legal research, 72 00:04:00,080 --> 00:04:03,840 Speaker 1: arch and business development tools there as well. Visit Bloomberg 73 00:04:03,920 --> 00:04:06,280 Speaker 1: Law dot com and Bloomberg b and A dot com 74 00:04:06,640 --> 00:04:07,640 Speaker 1: for more information.