MAJOR announcement is BAD NEWS for lawless ICE agents
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Summary
Takeaways
- ❖California's Department of Justice issued guidance affirming state and local prosecutors' authority to investigate and prosecute federal officials, including ICE agents, for crimes committed in California.
- ❖The federal administration, including figures like JD Vance and Deputy AG Todd Blanch, has falsely claimed federal officials have absolute immunity and that state/local investigations are futile or illegal.
- ❖Federal agencies, such as DHS in Minnesota, have actively obstructed state investigations into incidents like the killings of Renee Good and Alex Prey by denying access to evidence.
- ❖State and local prosecutors can obtain court orders to prevent federal agencies from destroying evidence and to compel the handover of material evidence.
- ❖For murder, there is no statute of limitations, meaning accountability for such crimes can be pursued years later, even under a different federal administration.
- ❖The host and guest criticize the federal administration for 'gaslighting' and 'lying' about the law and facts to defend ICE agents, creating a dangerous environment of impunity.
Insights
1California's Legal Guidance on Federal Agent Accountability
California Attorney General Rob Bonta's office issued guidance clarifying that state and local prosecutors have concurrent jurisdiction and full authority to investigate and prosecute federal officials for crimes committed within California. This directly contradicts the federal administration's stance that federal agents possess absolute immunity.
Rob Bonta states, "My office at the California Department of Justice... issues guidance to provide clarity on the law... the federal government has been working overtime to create a sense that local and state prosecutors cannot investigate or prosecute a federal official for a crime. And it's just not true. It's a blatant misrepresentation of the law."
2Federal Obstruction and State Countermeasures
The federal government, particularly DHS, has actively obstructed state and local investigations by denying access to evidence and claiming state efforts are illegal. However, states like Minnesota are pursuing court orders to compel evidence preservation and disclosure, asserting their legal right to investigate.
Bonta describes federal conduct as "unprecedented and inappropriate," noting, "they are basically saying that only we can investigate for Renee Good... and not only are we not, you can't." He adds that states "can go to court... to get a court order that says federal government, you cannot destroy evidence material to a potential crime."
3Long-Term Accountability for Serious Crimes
While the current federal administration may obstruct justice, serious crimes like murder have no statute of limitations. This allows for potential prosecution years later, under a different administration, ensuring that accountability can eventually be sought.
Bonta states, "at least for murder, there's no statute of limitations... so for example, if there's a Democratic administration that takes over in 2028, they could still do a look back at these killings of Renee Good and Alex Prey, and if they think the facts justify it, they could still prosecute for murder."
Lessons
- State and local prosecutors should issue their own legal guidance to clarify their authority to investigate and prosecute federal agents for crimes committed on state soil, countering federal claims of immunity.
- When federal agencies obstruct investigations or withhold evidence, state and local prosecutors should immediately seek court orders to compel evidence preservation and disclosure.
- Prosecutors should pursue charges for crimes committed by federal agents without deferring to federal authorities, ensuring accountability is sought as close in time to the action as possible, and leveraging unlimited statutes of limitations for murder where applicable.
Quotes
"The federal government has been working overtime to create a sense that local and state prosecutors cannot investigate or prosecute a federal official for a crime. And it's just not true. It's a blatant misrepresentation of the law."
"It's a very dangerous proposition... if federal immigration enforcement agents think they can do whatever they want to whomever they want... and there is no accountability, that's a recipe for disaster."
"A striking thing that a federal court has to tell the federal government that they can't destroy evidence that could be evidence of a crime. But here we are."
"We shouldn't worry about the optics of politicization if the truth is a crime was committed. It's just straight up a crime... if you got the goods, if you got the receipts... charge it."
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