100 threads about arresting the ICE shooter in MN... here's the actual answer

[WarGamer]

https://time.com/7344924/federal-officers-shooting-immigration-portland-minneapolis-prosecution-immunity/

But state law is still limited in that ability so long as the alleged malfeasance is within the agent’s federal duties, says Green. Federal courts would have to agree that the use of force may not have been legally justified in order for state prosecution to proceed, Slate reported. This has happened before, including in the 1990s when a county prosecutor brought charges against an FBI sniper who shot and accidentally killed an unarmed woman in Idaho during an operation. A federal appeals court permitted the state prosecution to proceed, although charges were eventually dropped when the county prosecutor left office.

If local prosecutors were to bring state charges against a federal officer, the officer could also try to claim federal immunity from state prosecution and thereby move the case to federal court, Timothy Sini, a former federal prosecutor in New York, told CNN.

At that point, the federal judge would have to determine whether the federal officer is protected by immunity. That would depend on the Supremacy Clause, which asks whether the officer subjectively believed the conduct was necessary to carry out federal duties, and whether the officer’s conduct was objectively reasonable under the circumstances.

Bottom line... it's up to Federal Courts and Judges.

[NotHardly]

1. Well, no law and no justice then

Not like any other 3rd world country.

[Historic NY]

2. Well this shooter lives in Minnesota.

Life is going to be miserable.

[WarGamer]

3. He's 100% not in MN any more... probably in FL or TX

[The Roux Comes First]

5. Our Life is Already Pretty Miserable, Although Not Like the Family of the Murdered. What I Hope

You are getting at is that anyone perpetrating these crimes will never enjoy peace from now on. Conscience-less most of them likely are, but they cannot regain a life of smug satisfaction as long as we know who they are and what they have done. We know why they wear masks, just as the klan does.

License plate #'s and any other identifying info should be collected and preserved at every opportunity.

[Sogo]

4. But the process can and should begin from local authorities?

Then the federal decisions get made following that. There is no reason for the local authorities to not get the ball rolling. At least, that's what it sounds like it from what you've linked.

[SunSeeker]

6. Laurence Tribe said on Lawrence O'Donnell last night that the state prosecutors would still be on the case in fed'l ct.

Last edited Fri Jan 9, 2026, 02:15 PM - Edit history (1)

So even if the case is removed to federal court, the state prosecutors would still be involved.

[Emile]

7. Does Minnesota have a stand your ground law?

[sboatcar]

9. We do not

[sboatcar]

8. We need Ellison to march his ass down to the federal courhouse and start filing suits TODAY

[BannonsLiver]

10. I know. It's a real bite when people express their anger over the wanton, deadly abuse of power by a federal agent.

I can't imagine why there would be so many threads about it here.

[dpibel]

11. A full HUNDRED!

You can take it to the bank that's the literal truth.

Because, you know, the importance of punctilious reality and stuff.

[BannonsLiver]

12. You're right.

I mean....what if one day there are 101 threads or, gasp, even 110!

[dpibel]

13. You seem a little confused

You are sad because more people are talking about arresting that poor ICE officer than you deem permissible.

So you quote an excerpt from that most august of legal authorities, TIME. Yes, what you quote is based on an interview with a legal scholar. But it's not even a direct quote. It's the reporter's summary of what the law professor told her.

More to the point, what this excerpt talks about what happens after state charges are filed. There's nothing here that says the state has to go to Federal Court to ask permission to bring charges. It says that, once charges are filed, the accused can try to remove the case to federal court, or to seek immunity.

And, you bet, the federal court will decide whether Neagle (or the Martin modification) applies to either move the case to federal court or to apply immunity.

But none of that happens prior to initiation of state proceedings.

So I'm not quite sure you're correct in chiding people about demanding an action that has to take place before the proceeding you're talking about can even take place.

[dpibel]

14. You should share this with the Hennepin Co. prosecutor

https://democraticunderground.com/100220924440

She seems to have some terribly wrong ideas about this.

You can set her straight!

[dpibel]

15. Here's another ignoramus you need to set straight

https://democraticunderground.com/?com=view_post&forum=1002&pid=20924416


EarlG (23,367 posts)
6. The fact that he was holding his phone surely shows criminal negligence if nothing else

Fri Jan 9, 2026, 11:36 AM

I hope that state officials file charges soon in order to head off the idea that ICE agents can act with impunity. If prosecuted, I think he will have a hard time in court arguing that he had full control of himself during the incident, considering that he was distracted by the phone in his hand.

[lees1975]

16. Not necessarily...

If the state pursues charges, the federal judge would have to convene a grand jury to determine if the officer was acting in accordance with his duties.

[Norrrm]

17. Running away is not indicative of a justified killing. He had plenty of peers to shield him from immediate repercussions