INSANE: FBI makes STUNNING announcement
Quick Read
Summary
Takeaways
- ❖The FBI has formally denied Minnesota state investigators (BCA) access to evidence related to the fatal shooting of Alex Prey by an ICE agent.
- ❖Minnesota Attorney General Keith Ellison views the FBI's action as unprecedented, unusual, and suggestive of a cover-up.
- ❖Ellison's office and the Hennepin County Attorney's Office are committed to pursuing legal avenues, including court action, to obtain the evidence and ensure justice.
- ❖While existing evidence may allow for charges, a complete file is crucial for securing a conviction, making the FBI's obstruction a significant challenge.
- ❖Key conditions proposed for DHS funding include a rule for state involvement in joint prosecutions/independent investigations where state interests exist.
- ❖Ellison advocates for eliminating the Kavanaugh exception to racial profiling and implementing standard police protocols (body cams, identification, de-escalation training) for federal agents like ICE.
- ❖Qualified immunity, both civil and criminal, protects public employees when acting within their duties but does not shield them from liability for misconduct or actions outside necessary and proper job performance.
- ❖State Attorneys General maintain high levels of coordination, meeting frequently to discuss and strategize on issues ranging from federal accountability to consumer protection and civil rights.
Insights
1FBI's Unprecedented Obstruction in Alex Prey Case
The FBI formally notified Minnesota's state investigators (BCA) that it would not provide access to information or evidence collected regarding the shooting death of Alex Prey by an ICE agent. Minnesota Attorney General Keith Ellison characterized this action as 'unprecedented,' 'unusual,' and suggestive of a cover-up, noting that joint federal-state investigations are routine.
Ellison states, 'this is unprecedented. We are quite quite prepared and have been working with federal law enforcement for literally decades. It is routine for us to work together on the file together at the same time. And so for them to take this position is novel. It's new. And it raises serious questions around what do you plan on doing?'
2Minnesota AG's Commitment to Legal Action and Justice
Despite the FBI's obstruction, the Minnesota Attorney General's Office and the Hennepin County Attorney's Office are committed to pursuing the truth and justice. Ellison indicated that legal action, including taking the FBI to court, is a viable next step, though he refrained from detailing specific strategies to avoid telegraphing their moves.
Ellison asserts, 'we're not going to stand for it. And then and we and I'm and I'm want you to know and anybody listening your show, there's no way that the Minnesota Attorney General's Office and the Hip County Attorney's Office is going to let this go. We're going to get to the truth and get justice flat out.' He also mentions, 'we can we can take him to court. That's that's lawfully. That's a that's something we can do.'
3Importance of Comprehensive Evidence for Conviction
While existing evidence might establish probable cause for charges, the Attorney General emphasizes that a full, complete file is essential for securing a conviction. Withholding evidence allows defense counsel to 'poke holes' in the case, potentially jeopardizing a just outcome.
Ellison explains, 'charging a case and actually getting a conviction is two different things. And if you charge a case out based on the probable cause that you have now, you may find out later on that there are things that you wish you would have known.' He adds, 'not having the file leaves the door open for defense council to be like, well, they didn't have this, they didn't have that. and kind of just poke the poke holes in the case.'
4Proposed Reforms for Federal Law Enforcement Accountability
Ellison outlines three key conditions for future DHS funding to address issues with federal agencies like ICE: 1) A rule mandating state involvement in joint prosecutions and independent investigations when a state interest exists. 2) Elimination of the Kavanaugh exception to racial profiling. 3) Implementation of normal police protocols for federal agents, including body cameras, clear identification, and comprehensive training in de-escalation and racial profiling.
Ellison lists: 'Number one, a rule in place that where there is a state interest, the state will be involved in a joint prosecution and an independent investigation.' 'Number two, eliminate the Kavanaaugh exception to racial profiling.' 'Number three, there must be normal police protocols on people who say they're police. So, ICE runs around with police on written all over. Well, that means no mass, that means uh body cams, that means identification name plates, numbers. That means uh that you have not 47 days of training but real training on including deescalation, racial profiling and all the rest.'
5Clarification of Qualified Immunity's Scope and Limitations
Ellison distinguishes between two forms of qualified immunity: one for civil liability (derived from case law like Fitzgerald v. Harlow) and another for state criminal prosecution (premised on the Supremacy Clause). He clarifies that while these immunities offer protection for federal employees acting within their duties, they do not shield individuals from accountability for actions that are not 'necessary and proper' for job performance, such as intentional misconduct.
Ellison states, 'if you are a federal agent doing your job and doing what is necessary and proper in the performance of your job, you have an immunity from state criminal prosecution.' He then contrasts this with scenarios like 'you see somebody who you don't like because of their race and you decide to use that state vehicle, that federal vehicle to run them down? That's not necessary and proper to do your job.' He concludes, 'just because these immunities are in place does not mean that these folks are going to escape responsibility and legal liability.'
Lessons
- Advocate for legislative changes that mandate state involvement in investigations of federal agent misconduct, especially when state interests are present.
- Support efforts to reform or eliminate qualified immunity doctrines that shield federal agents from civil and criminal liability for actions outside the scope of 'necessary and proper' job performance.
- Push for standardized police protocols, including body cameras, clear identification, and extensive de-escalation training, for all federal law enforcement agencies like ICE.
- Engage with state Attorneys General offices and civil rights organizations to support their coordinated efforts in holding federal agencies accountable and ensuring due process for individuals.
- Stay informed about ongoing legal challenges and policy debates concerning federal law enforcement oversight and accountability, particularly regarding immigration enforcement.
Quotes
"It's unusual. It's weird. And it feels like they're trying to cover something up. That's what it feels like to me."
"There's no way that the Minnesota Attorney General's Office and the Hip County Attorney's Office is going to let this go. We're going to get to the truth and get justice flat out."
"We cannot operate on the urgency of the moment. We've got to be looking at the conviction if that's where we end up."
"ICE and border are totally out of control. They are totally out of control."
"Just because these immunities are in place does not mean that these folks are going to escape responsibility and legal liability."
Q&A
Recent Questions
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