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Can Minnesota Prosecute ICE Agent Jonathan Ross? Lawfare Explains

LawfareJanuary 23, 202641 min10,069 views
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State Jurisdiction Over Federal Officials

  • 🎯 The state of Minnesota undoubtedly has jurisdiction to investigate and potentially prosecute ICE official Jonathan Ross for the shooting death of Renee Good.
  • βš–οΈ Claims of absolute immunity for federal officials by senior administration figures are incorrect and contrary to over a century of legal precedent.
  • πŸ›οΈ The principle of dual sovereignty allows both state and federal governments to prosecute the same actions, as states and the federal government are separate sovereigns with distinct interests.

Potential State Criminal Charges

  • 🚨 Minnesota law includes charges such as first-degree murder, second-degree murder, first-degree manslaughter, and second-degree manslaughter, which could be applicable.
  • πŸ’‘ The concept of premeditation in first-degree murder may be considered, with investigators examining actions like transferring a cell phone as potential evidence.
  • ⚠️ A statute requiring individuals, including law enforcement, to come to the aid of a person who has been shot could also be relevant if evidence suggests the victim might have survived with timely assistance.

Supremacy Clause Immunity Explained

  • πŸ“œ Supremacy Clause immunity derives from the constitutional principle that federal law is supreme, preventing state prosecutions that interfere with federal officers' ability to carry out their duties.
  • πŸ”‘ This immunity applies when a federal official's actions are authorized by federal law, necessary, proper, and objectively reasonable in fulfilling their duties.
  • 🚫 If a federal official oversteps, violates rights, or acts unlawfully or unreasonably, the pathway for state prosecution remains open.

Procedural Hurdles and Legal Standards

  • 🧐 The exact test for
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What’s Discussed

Supremacy Clause ImmunityICEJonathan RossRenee GoodMinnesota ProsecutionFederal OfficialsJurisdictionDouble JeopardySeparate SovereignsMurder ChargesManslaughter ChargesUse of ForceRemoval to Federal CourtPresidential ImmunityAccountability
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