Prosecutor drops MAJOR update on ICE shooting
Quick Read
Summary
Takeaways
- ❖Federal prosecutors declined to cooperate with Minnesota state authorities on an ICE officer shooting investigation.
- ❖This refusal, coupled with public statements pre-clearing the officer, undermines the federal government's claim of a legitimate investigation.
- ❖State prosecutors have concurrent jurisdiction and a tactical advantage to pursue an independent investigation.
- ❖A state grand jury can issue subpoenas for evidence, forcing federal courts to intervene.
- ❖Even if the case is removed to federal court, a state conviction remains pardon-proof by a president.
Insights
1Federal Obstruction and Pre-Clearance
Federal prosecutors in Minneapolis announced they would not work alongside state prosecutors or provide access to evidence regarding an ICE officer shooting. This decision follows public statements from figures like Donald Trump, JD Vance, and Kristi Noem, who pre-cleared the ICE officer of any wrongdoing, effectively signaling that the federal government would not conduct a legitimate investigation or pursue charges.
Minneapolis Mayor Jacob Fry's announcement; statements from Trump, Vance, Noem (, , )
2Legality of Federal Refusal and State's Tactical Advantage
While it is not inherently unlawful for the federal government to refuse cooperation in cases of concurrent jurisdiction, the public pre-clearance of the officer by high-ranking officials undermines any claim of an active, robust federal investigation. This gives state law enforcement and prosecutors a tactical advantage, as federal lawyers would struggle to credibly argue for withholding evidence in court.
Former federal prosecutor Glenn Kirschner's explanation of normal vs. current DOJ practices (, , , )
3Blueprint for a Pardon-Proof State Prosecution
State prosecutors should immediately open a grand jury, issue subpoenas for witnesses and evidence, and litigate any federal attempts to block them. If an indictment is returned, the case will likely be removed to federal court to address qualified immunity claims. However, it remains a state prosecution, meaning any conviction would be pardon-proof by a president. A federal judge in such a removed case would also be more inclined to enforce subpoenas against the federal government.
Glenn Kirschner's detailed 'road map' for state prosecutors (, , , )
Bottom Line
The public pre-clearance of the ICE officer by political figures like Trump, Vance, and Noem, intended to shield the officer, actually provides a significant tactical advantage to state prosecutors.
This political interference destroys the federal government's credibility in court, making it harder for their lawyers to argue they have an active investigation and should withhold evidence from state subpoenas. Judges are less likely to trust DOJ representations due to past misrepresentations.
State prosecutors can leverage these public statements to demonstrate the federal government's lack of a legitimate investigation, strengthening their case for compelling evidence and asserting state jurisdiction.
Key Concepts
Concurrent Jurisdiction
Both federal and state governments possess legal authority over certain criminal investigations. While typically they cooperate, one can assert primary jurisdiction. In this case, the federal government's refusal to cooperate does not negate the state's jurisdiction.
Presumption of Regularity (Erosion)
Historically, courts presumed that government agencies, like the Department of Justice, acted with integrity and honesty. Repeated instances of misrepresentation by the Trump administration's DOJ have eroded this presumption, making judges less likely to accept their claims without scrutiny, especially when contradicted by public statements.
Lessons
- State prosecutors in Minnesota should immediately convene a grand jury to investigate the ICE shooting.
- Issue grand jury subpoenas for all relevant witnesses and evidence, including those held by federal agencies.
- Be prepared to litigate in court to enforce these subpoenas against any federal obstruction, highlighting the federal government's public pre-clearance of the officer and its eroded credibility.
Blueprint for State Prosecution Against Federal Obstruction
**Open State Grand Jury:** Immediately convene a state grand jury in Minnesota to begin investigating the ICE shooting.
**Issue Subpoenas:** Issue grand jury subpoenas for all available witnesses and evidence, including physical evidence (guns, ammunition, car) and video footage.
**Litigate Federal Obstruction:** If the federal government attempts to block access to evidence, go to state court to compel compliance, arguing that the federal government's public pre-clearance of the officer negates any claim of an active, legitimate federal investigation.
**Secure Indictment:** Present all available evidence to the state grand jury to secure an indictment against the ICE officer.
**Navigate Federal Court Removal:** Anticipate the defendant (ICE officer) will file a motion to remove the case from state court to federal court, arguing they acted within official duties and are entitled to qualified immunity. This motion will likely be granted.
**Leverage Federal Judge for Evidence:** Once the case is in federal court, request the federal judge to issue orders compelling the federal government to turn over all remaining evidence, as federal judges are less likely to tolerate federal agencies disrespecting court orders.
**Proceed to Trial (State Charges):** If the federal judge denies the motion to dismiss based on qualified immunity, proceed to trial on state charges. A conviction on state charges, even if the trial occurs in federal court, is immune to a presidential pardon.
Quotes
"Is it unlawful for the federal government in a case where they actually have jurisdiction over a criminal investigation... to tell a state law enforcement agency, which also has jurisdiction... 'We're not going to let you participate in the investigation, nor are we going to give you access to the evidence in our custody that you need to conduct a full fair investigation of this incident.' The answer to the question is no. It's not unlawful under normal circumstances."
"They're saying we're not going to investigate. We're not going to present it to a grand jury. We're not going to indict him. We're not going to try him. We have preclared him very publicly. Donald Trump has. Uh JD Vance has, Christy Gnome has. And so we know there will be no legitimate investigation."
"If an indictment is returned by that grand jury sitting as the conscience of the community, then the defendant, the gunman, the killer, Jonathan Ross, would be hauled into court to be arraigned. What would he do? He and his lawyers would file what's called a motion to remove his case from Minnesota State Court into federal court. He would probably get that motion granted."
"It's a state court prosecution albeit it may be held in in federal court but it's state charges prosecuted by state prosecutors which means it is what in the event of conviction pardon proof presidential pardon proof."
Q&A
Recent Questions
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