NYU Professor on Local Prosecution of Federal Officers in Pretti Shooting Case

Accountability for Federal Officers

• 💡 Professor Barry Friedman argues that local prosecution may be the only viable path to accountability for federal officers who commit crimes.
• ⚖️ He states that the Supremacy Clause, often used to grant immunity to federal officers, does not apply when these officers violate the Constitution.
• 📌 The rule has been established for centuries: when a federal officer violates the Constitution, they lose their immunity and can be held responsible.

Potential for Political Abuse

• ⚠️ A concern is raised that allowing local prosecutors to charge federal officers could lead to politically motivated prosecutions.
• 🏛️ The argument is made that this could empower prosecutors in any city, regardless of political leaning, to target federal agents they dislike.
• 🇺🇸 Historically, the rarity of such prosecutions has been a norm that prevented overt political overreach, but this norm is now eroding.

Constitutional Violations as Justification

• ⚡ Friedman asserts that when Americans' constitutional rights are being violated in a wholesale manner, prosecution is entirely appropriate.
• 🎯 He emphasizes that in cases where federal administrations are not eager to investigate and prosecute, local prosecution becomes the only available remedy.
• 🧐 The discussion touches on whether referring to actions as "crimes" is prejudging the case, with Friedman clarifying that these are indictable offenses that would go through the grand jury and trial process.