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https://www.yahoo.com/news/articles/yes-minneapolis-prosecute-ice-shooter-224628104.html

If they conclude that state law has been violated, the question is: What next? Contrary to recent assertions from some federal officials, states can prosecute federal officers for violating state criminal laws, and there is precedent for that.

Although federal officers do have immunity in some circumstances, that protection applies only if their actions were authorized under federal law and“necessary and proper” in fulfilling federal duties. When federal officers violate federal law or act unreasonably when carrying out their duties, they can face state charges.

States have a long history of prosecuting federal officials for allegedly using excessive force on the job. And when federal courts agree that the force may not have been legally justified, they have allowed the state prosecution to proceed.

  • TheDemonBuer@lemmy.world
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    3 days ago

    If they conclude that state law has been violated

    I’m not an expert in Minnesota law, but I am pretty sure murder is illegal there.

  • FuglyDuck@lemmy.world
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    3 days ago

    Also, from what I saw she was complying with the commands to clear the road.

    Not that brownshirts would realize why that’s a stupid game to play.

  • neukenindekeuken@sh.itjust.works
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    3 days ago

    And when federal courts agree that the force may not have been legally justified, they have allowed the state prosecution to proceed.

    Ah, see, here’s their loophole. They’ll just get the SCOTUS to say that states cant prosecute federal officers.

    • AA5B@lemmy.world
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      2 days ago

      They have to claim the force was legally justified. They have to say out loud that it’s ok to walk up to a car just trying to get out of the way, stick your gun through the window against the side of someone’s head and murder them.

      The most horrifying part of that video for me is just how calm everyone is. No one is in danger, no one is at risk, there’s not some “fog of war”, it’s just a masked gunman calmly walking up em to a citizen and straight up murdering them, then calmly walking away.

    • nforminvasion@lemmy.world
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      3 days ago

      I’m just waiting for the “daddy trump is allowed to do everything and anything he wants and no one can stop him” ruling.

      They so clearly want to do it, just tear off the bandaid so we can get this show started. I hate sounding like an accelerationist but this slow fade into full fascism is convincing enough for libs to think were we’re just in a bit of a rough patch, and not that the liberal democracy era of America is over and dead.

      • AlecSadler@lemmy.dbzer0.com
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        3 days ago

        Agreed, like boiling a frog. Rip the bandaid off and let’s get those guillotines out. We’re either going to zero or we’re ending up with heroes.

  • HellsBelle@sh.itjust.works
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    3 days ago

    Former U.S. Attorney Tom Heffelfinger explained that both the U.S. Attorney in Minneapolis and the Hennepin County Attorney could investigate the case. However, it would have to be determined that the agent’s actions were “unreasonable” before any action can be taken.

    “There is no burden on the federal agent to prove anything,” said Heffelfinger, who was the U.S. Attorney for Minnesota from 1991 to 1993 and from 2001 to 2006. “It’s a criminal case; therefore, the burden of proof is on the prosecutors.”

    https://www.kare11.com/article/news/local/ice-in-minnesota/can-a-federal-agent-be-charged-by-the-state/89-9295f921-bdb6-46e9-b14b-9d0ccbb6d318

    • Optional@lemmy.worldOP
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      2 days ago

      Well, yeah but that’s always the case. That’s like saying it’s the offense’s job to move the ball down the field.

      They mentioned a Ruby Ridge case where the sniper who killed some people was tried in state court. It was approved by the State (appeals? supreme? not sure) court to go ahead, but even that took a couple of years.