Amanda Rutledge

Witness Profile:
Edwin Kneedler-Justice Department Official
-Started legal career after being hired by Antonin Scalia. Worked on briefs and legal
strategy with John G. Roberts Jr. Mentored Samuel A. Alito Jr. Served as acting solicitor
general for President Obama and helped prepare Elena Kagan for her first court
argument (Barnes)
-worked at DOJ for 40 years (Barnes)
-DOJ conducted a study
-25 law enforcement and civilian witnesses. In addition, they collected, analyzed
and reviewed: evidence from the scene of the shooting; civilian and surveillance
video; law enforcement radio traffic; 911 recordings; volumes of CBP agent
training and use of force materials; and the shooting agents training, disciplinary
records, and personal history. Also, they conducted site visits and analysis and
consulted with the International Boundary and Water Commission concerning
jurisdictional issues (Federal Officials Close)
-saying incident took place in an area typical for smuggling, and group
successfully attempted an illegal border crossing (Hernandez v. Mesa. 15-118
Brief on the Merits)
-found that Mesa tried to detain one, rock throwing stopped success (Hernandez v.
Mesa. 15-118 Brief on the Merits)
-Testified that Supreme Court cannot be the one to prosecute Mesa
-Deputy Solicitor General Edwin Kneedler told the justices that Congress
or the executive branch, not the courts, should be the ones to set up a way
for the Hernandez family to be made whole (Ryan)
-DOJ closed case in favor of Mesa
-We investigated criminally and -- and concluded that a criminal
prosecution should not be brought, but Mexico regards it as the United
States' responsibility to control this conduct. (Hernandez v. Mesa. 15-118
In the Supreme Court of the United States)
-Mesa acted in regards to training (Hernandez v. Mesa. 15-118 Brief for the
United States)
-decided not enough evidence to prosecute Mesa (Federal Officials Close)
-as well. Hernandez had been arrested twice before and sent back (Hernandez v. Mesa.
15-118 Brief on the Merits)
-Previous precedents set support Mesa
-This Court's decision in Verdugo, as we read in this, established a categorical rule
that the Fourth Amendment does not apply to some mass of persons outside the
United States. Nothing in Boumediene changes that. (Hernandez v. Mesa. 15-118
In the Supreme Court of the United States)
-United States refused because it had done its own investigation of this incident
- And the -- another -- another issue here is that the plaintiff here is -- plaintiffs here are
 Amanda Rutledge

seeking to insert the courts into the resolution of a dispute about which the United States
and Mexico have a -- a different view of the facts (Hernandez v. Mesa. 15-118 In the
Supreme Court of the United States)
The Justice Department also concluded that no federal civil rights charges could be
pursued in this matter. Under the applicable civil rights statutes, prosecutors must
establish, beyond a reasonable doubt, that a law enforcement officer willfully deprived an
individual of a constitutional right, meaning with the deliberate and specific intent to do
something the law forbids. This is the highest standard of intent imposed by law.
Accident, mistake, misperception, negligence and bad judgment are not sufficient to
establish a federal criminal civil rights violation (Federal Officials Close)
-Border Control already did stuff to make sure incident wouldnt happen again, more isnt
necessary
-The border -- the Border Patrol, since this incident -- and we -- we cite this in
our brief, has undertaken numerous reforms. It has changed its training, it has
given more detailed instructions on the use of deadly force, it has adopted -- and
this -- this does go to the rule of law. Adopted a transparent system of
investigations after -- (Hernandez v. Mesa. 15-118 In the Supreme Court of the
United States)

http://www.scotusblog.com/wp-content/uploads/2017/01/15-118-respondent-merits.pdf
https://www.supremecourt.gov/oral_arguments/argument_transcripts/2016/15-118_3e04.pdf

https://www.justice.gov/sites/default/files/osg/briefs/2017/01/13/15-118_-
_hernandez_v_mesa_2017-01-09_-_final_003.pdf

Works Cited:

Barnes, Robert. "Edwin S. Kneedler Knows His Way around Supreme Court." The Washington

Post. WP Company, 10 Sept. 2014. Web. 18 Apr. 2017.

 Amanda Rutledge

"Federal Officials Close Investigation into the Death of Sergio Hernandez-Guereca." The United

States Department of Justice. Department of Justice, 27 Apr. 2012. Web. 18 Apr. 2017.

Hernandez v. Mesa. 15-118 Brief for the United States. Supreme Court. United States

Department of Justice. Department of Justice. Web. 18 Apr. 2017.

Hernandez v. Mesa. 15-118 Brief on the Merits for Respondent. Supreme Court. 9 Jan. 2017.

SCOTUS Blog. SCOTUSBlog,Web. 18 Apr. 2017.

Hernandez v. Mesa. 15-118 In the Supreme Court of the United States. Supreme Court. 21 Feb.

2017. Supreme Court of the United States. Supreme Court. Web. 18 Apr. 2017.

Ryan, Tim. "Court Digs for Justice After Tragic Border Killing." Courthouse News Service.

Courthouse News, 21 Feb. 2017. Web. 18 Apr. 2017.