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- cross-posted to:
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Article is for subscribers, but yahoo has a version up with ads (if one doesn’t have an adblocker, that is)
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.



Charge them all and their superiors with felony murder
I’m thinking terrorism, but I’ll settle for whatever sticks and makes all of these traitors reevaluate their life choices.
Why not both?
Needs to be a state law. I doubt we can count on the doj right now.
You can’t charge anyone but the murderer with felony murder charges.
https://en.wikipedia.org/wiki/Felony_murder_rule
Okay, I admit that’s an interesting fact I wasn’t aware of. However, based on the Wikipedia article you linked to, I seriously doubt one could expect the charge to hold up against ICE superiors. It might work to charge the other officers that were there when the woman was killed, but I would bet charging anyone absent of the direct event would be deemed too remote.
Case law in the US has at least one example of someone being convicted of felony murder simply for letting another person borrow their car with no other significant connection to the case.
https://en.wikipedia.org/wiki/Ryan_Holle
John Oliver has a great segment on how fucked up this law is: https://youtu.be/Y93ljB7sfco
That said, you’re right in that it is highly unlikely any of the higher-ups will be held responsible.
Nor should they be under this type of charge. I’m sure there are other charges that can be brought against them though.
Yes you can and it happens all the time. A getaway driver in a bank robbery gets charged just the same as the guys shooting people inside the bank.
https://youtu.be/Y93ljB7sfco
That’s not how Felony Murder charges work.