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422

Minnesota Could Prosecute the ICE Shooter. Trump Can’t Pardon Him. (slate.com)

submitted 3 months ago by homesweethomeMrL@lemmy.world to c/news@lemmy.world

40 comments fedilink hide all child comments

Article is for subscribers, but yahoo has a version up with ads (if one doesn’t have an adblocker, that is)

https://www.yahoo.com/news/articles/yes-minneapolis-prosecute-ice-shooter-224628104.html

If they conclude that state law has been violated, the question is: What next? Contrary to recent assertions from some federal officials, states can prosecute federal officers for violating state criminal laws, and there is precedent for that.

Although federal officers do have immunity in some circumstances, that protection applies only if their actions were authorized under federal law and“necessary and proper” in fulfilling federal duties. When federal officers violate federal law or act unreasonably when carrying out their duties, they can face state charges.

States have a long history of prosecuting federal officials for allegedly using excessive force on the job. And when federal courts agree that the force may not have been legally justified, they have allowed the state prosecution to proceed.

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[–] HellsBelle@sh.itjust.works 18 points 3 months ago (1 children)

Former U.S. Attorney Tom Heffelfinger explained that both the U.S. Attorney in Minneapolis and the Hennepin County Attorney could investigate the case. However, it would have to be determined that the agent's actions were "unreasonable" before any action can be taken.

"There is no burden on the federal agent to prove anything," said Heffelfinger, who was the U.S. Attorney for Minnesota from 1991 to 1993 and from 2001 to 2006. "It's a criminal case; therefore, the burden of proof is on the prosecutors."

https://www.kare11.com/article/news/local/ice-in-minnesota/can-a-federal-agent-be-charged-by-the-state/89-9295f921-bdb6-46e9-b14b-9d0ccbb6d318

[–] homesweethomeMrL@lemmy.world 2 points 3 months ago

Well, yeah but that's always the case. That's like saying it's the offense's job to move the ball down the field.

They mentioned a Ruby Ridge case where the sniper who killed some people was tried in state court. It was approved by the State (appeals? supreme? not sure) court to go ahead, but even that took a couple of years.