Doing nothing is not an option.
An Immigration and Customs Enforcement agent shot and killed Renee Good, age 37, in broad daylight in Minneapolis yesterday.Despite Homeland Security Secretary Kristi Noem blathering
about how ICE agents are under
assault and Donald Trump’s outright
fiction that Good ran over the agent and put him in the hospital,
anyone with eyes can see it was murder.
There’s video, which is how we all know that DHS and Trump
are lying, but seeing someone get murdered by the government is not an easy
thing to watch. MPR News posted the
footage, but this is just a reminder that you don’t have to subject yourself to
the horror to know it is a horror.
What you see on the video it is a federal agent demanding
Good get out of the car, at which point she starts driving her SUV forward at
about five miles per hour. That’s when an ICE agent near the front of her car
fires multiple shots into Good’s vehicle, killing her. In another video —
which, again, is really tough to watch — a bystander yells that he’s a
physician and asks to render aid, to which the agent responds, “I don’t care.”
It’s absolutely terrible and a disgrace to our nation. But
can the officer who killed Good ever be held accountable for his actions?
Charges would have to be brought by the state
Let’s dispense with the possibility that ICE or DHS or the Department of Justice would do anything about this. There’s no path to justice that runs through this administration or the federal courts.
Hell, Trump will
probably give the shooter a medal, and would certainly give him a pardon. But
is there a path to justice that runs through Minnesota?
Maybe. Sort of.
This isn’t about whether the state could successfully
prosecute the shooter, but whether the state could even attempt to do so. The
latter question has to be answered before the former. Stephen Miller went on
Fox last October to tell ICE officers they couldn’t be touched: “You have
federal immunity in the conduct of your duties. And anybody who lays a hand on
you or tries to stop or obstruct you is committing a felony.”
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| The Immigration and Customs Enforcement agent was identified as Jonathan Ross by the Star-Tribune |
No. At least not yet. While federal officials enjoy substantial protection from state prosecutions, that isn’t absolute.
Sure, the fact they have protection at all may be maddening, but it does make some sense within our system of federalism. That’s not to say it’s good or right or moral that such protection exists, but just that it does exist.
The Supremacy
Clause of the Constitution says that federal law “shall be the supreme
law of the land,” meaning that it generally prevails over any conflicting state
laws.
That, in turn, forms the basis for Supremacy Clause
immunity.
Over 100 years ago, the Supreme Court held in In re Neagle that
if a federal officer is performing a duty they were authorized to do by federal
law and it was their duty to perform it, and if they did “no more than what was
necessary and proper,” they could not be guilty of breaking any state criminal
law.





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