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About East Oregonian : E.O. (Pendleton, OR) 1888-current | View Entire Issue (Nov. 29, 2018)
NATION/WORLD Thursday, November 29, 2018 East Oregonian Clash with migrants spotlights use of force at the border By COLLEEN LONG Associated Press EL PASO, Texas — U.S. Border Patrol agents near Tijuana, Mexico, faced a choice as they looked out over the chaos at a crowd of migrants that included rock-throwing men as well as barefoot children: Do they respond with force — and, if so, what kind? The circumstances at the San Ysidro border cross- ing Sunday were excep- tional, but the question fac- ing the agents was not. It’s a split-second choice more often made in the remote desert, far from cameras, where agents are likely working alone and encoun- tering groups of people crossing illegally. The agents’ response — firing tear gas into the crowd — triggered wide- spread outrage and rekin- dled complaints that the Border Patrol, bolstered by President Donald Trump’s tough talk, is too quick to use force, particularly when responding to people throw- ing rocks. But use of force by Cus- toms and Border Protection officers and agents is declin- ing from a high during the 2013 budget year, govern- ment statistics show. There are high-profile exceptions, like the shooting death by agents of a 19-year-old Guatemalan woman who crossed the border near Lar- edo in May. Still, experts say policies have improved following a major audit five years ago. “There has been progress made — especially in get- ting officers better training and better equipment,” said Josiah Heyman, a professor with University of Texas at El Paso and director of the Center for Inter-American and Border Studies. “When I first started studying this, most agents had a gun and a AP Photo/Gregory Bull Migrants from Central America yell through a border wall at a U.S. Border Patrol agent after he pulled down a banner on Sunday in San Diego. Migrants approach- ing the U.S. border from Mexico were enveloped with tear gas on Sunday after a few tried to breach the fence separating the two countries. baton. They didn’t have the choice to use anything else.” Firearms were used 45 times in budget year 2013 compared with 17 in 2017, according to data from Cus- toms and Border Protection. For the first 11 months of the 2018 budget year, firearms were used 14 times. The data includes Border Patrol agents that patrol between the ports of entry, and offi- cers who police border crossings. Over those 11 months, there were 743 cases of agents and officers using less-lethal force, like batons, stun guns, tear gas and pep- per spray. These included 29 cases in which tear gas was used and 43 incidents of pepper spray. Though the final numbers are unavailable, those fig- ures represent a drop from 2013, during the Obama administration, when there were 1,168 incidents of less-lethal force, including 27 instances of tear gas and 151 of pepper spray, accord- ing to the data. Less-lethal force has increased over the past two years but is still lower than 2013. Complaints about exces- sive force prompted Cus- toms and Border Protection to commission an investi- gation by the Police Exec- utive Research Forum, a policing research and pol- icy group. The 2013 audit highlighted problems that included foot-patrol agents without access to less-lethal options. It recommended law enforcement not be allowed to use deadly force when people throw rocks — a suggestion that was rejected. Following those reviews, Customs and Border Pro- tection revised policies and made major changes to train- ing. Agents now undergo scenario-based drills at the academy and learn how to de-escalate tense situations. They get 64 hours of on-the- job training on use of force. Some sectors, like El Paso, have a virtual real- ity simulator. The octago- nal giant screens mounted on a platform mimic a des- ert encounter where agents must decide whether to fire their weapons. The scenario is designed to cause stress, and agents are forced to think quickly or face being shot, run over or hit with rocks. After the simulation, they discuss reactions with training officers and work on how to better respond in the future. “The desert is a very dif- ficult, dangerous unstruc- tured environment,” said Aaron Hull, Border Patrol chief for the El Paso Sec- tor. “We’re trying to keep our agents safe. We’re try- ing to protect the safety of our communities, and all the people involved.” Chuck Wexler, head of the police research forum, credited the agency with taking the recommendations seriously. “Also when they do have an incident, they have a better review pro- cess,” he said. Page 7A Trump says Manafort pardon ‘not off the table’ WASHINGTON (AP) — President Donald Trump said Wednesday a pardon for Paul Manafort is “not off the table” — a comment that drew swift rebuke from critics who fear the president will use his executive power to protect friends and sup- porters caught up in the Russia probe. The president’s discus- sion of a possible pardon in an interview with the New York Post came days after special counsel Rob- ert Mueller said Manafort had breached his plea deal by repeatedly lying to investigators. The former Trump campaign chairman denies that he lied. Trump’s remarks are the latest sign of his disdain for the Russia investigation, which has dogged him for two years and ensnared members of his inner cir- cle. In recent weeks, the president, armed with inside information pro- vided to his lawyers by Manafort’s legal team, has sharpened his attacks, seizing on what he claims are dirty tactics employed by the special counsel and accusing investigators of pressuring witnesses to lie. In the interview with the Post, Trump likened the Russia probe to Sen. Joe McCarthy’s pursuit of alleged communists in the 1950s. “We are in the McCa- rthy era. This is no better than McCarthy,” Trump told the newspaper. When asked about a pardon for Manafort, Trump told the newspaper: “It was never discussed, but I wouldn’t take it off the table. Why would I take it off the table?” Trump only has the power to pardon for fed- eral charges. A pardon would not shield Manafort from prosecution for state charges, though he is not currently facing any. On Wednesday, the Paul Manafort top Democrat on the Sen- ate intelligence committee said that if Trump pardons Manafort, it would be a “blatant and unacceptable abuse of power.” Sen. Mark Warner of Virginia said in a tweet that the president’s pardon power is not a “personal tool” that Trump can use to protect “himself and his friends.” Meanwhile, Manafort’s lawyers have been brief- ing Trump’s attorneys in recent months on what their client has told investi- gators, an unusual arrange- ment for a government cooperator and one that raises the prospect that Manafort could be angling for a pardon. Manafort spokesman Jason Maloni declined comment. In the Post interview, Trump also praised two other supporters who are caught up in the Rus- sia probe — conserva- tive author and conspir- acy theorist Jerome Corsi and longtime Trump asso- ciate Roger Stone. He said they were “very brave” for resisting Mueller’s investigation. Both men have been heavily critical of the investigation, and Corsi this week said he had rejected a plea offer from Mueller’s team. Draft plea documents show Mueller accusing Corsi of lying to investigators — an alle- gation he denies — about emails he exchanged with Stone regarding WikiLeaks. Looking for the Perfect Holiday Gift? HOLIDAY TRADITIONS BEGIN WITH THE Purchase a 1-year subscription to the East Oregonian and receive this highly collectable book, “Pendleton Round-up at 100,” absolutely free! YOUR COMMUNITY NEWSPAPERS FOR MORE THAN 100 YEARS! Let Our Holiday Inserts save you a trip! Makes a great gift or a wonderful addition for your own coff ee table. 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