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The president can do jack shit to stop a state prosecution, one of the blessed advantages of federalism.

by jcranmer 10mo ago

beeflet 10mo ago
That may be the case, I am not an expert in law. I hope there is some type of repercussion for the cop that point-blanks a random driver. I just don't hold much faith in the separation of power between state and federal government, it sounds like there has been a massive erosion of this barrier since the civil war and the abuse of the commerce clause and all that.
- nickthegreek 10mo ago
  A cop did not do this, an ice agent did. It might sound trivial, but it very much isn’t when it comes to prosecution in this circumstance.
esseph 10mo ago
Maybe he cuts their federal funding by $10Bn until they drop the charge. Seems to be roughly the playbook.
websiteapi 10mo ago
this is not true. why is this upvoted? first of all, ICE is federal. second, they were acting as part of "federal official" duties. it will be trivial to move any state prosecution to federal court.
- jcranmer 10mo ago
  Federal officers aren't immune from state prosecution just because they're federal officers, or because they're doing their federal duties at the moment. They also have to be acting in accord with their federal duties. See, e.g., https://www.lawfaremedia.org/article/are-federal-officials-immune-from-state-prosecution https://www.lawfaremedia.org/article/are-federal-officials-i... (although that's not in response to the current incident). They will certainly attempt to dismiss any charges, but they are far from guaranteed that they will be successful.
  - websiteapi 10mo ago
    They’re literally on camera doing ice work (prior to the killing), virtually guaranteed it’ll count.
    - jcranmer 10mo ago
      That doesn't matter. It's not enough that they were doing their job beforehand, their actions at stake have to comport with their actual duties. So is it part of their official duties to walk in front of a car of someone who is trying to leave the scene, alter their path when the car turns out of the way to ensure they remain in their way, and then shoot the driver? Or is that merely the kind of excessive force that's in contravention of their training and not part of their job role?
      - websiteapi 10mo ago
        Watch the video, it’s obvious. The person was stopped as part of an ice directive.

The president can do jack shit to stop a state prosecution, one of the blessed advantages of federalism.

That may be the case, I am not an expert in law. I hope there is some type of repercussion for the cop that point-blanks a random driver. I just don't hold much faith in the separation of power between state and federal government, it sounds like there has been a massive erosion of this barrier since the civil war and the abuse of the commerce clause and all that.

nickthegreek 10mo ago
A cop did not do this, an ice agent did. It might sound trivial, but it very much isn’t when it comes to prosecution in this circumstance.

esseph 10mo ago

Maybe he cuts their federal funding by $10Bn until they drop the charge. Seems to be roughly the playbook.

websiteapi 10mo ago

this is not true. why is this upvoted? first of all, ICE is federal. second, they were acting as part of "federal official" duties. it will be trivial to move any state prosecution to federal court.

jcranmer 10mo ago
Federal officers aren't immune from state prosecution just because they're federal officers, or because they're doing their federal duties at the moment. They also have to be acting in accord with their federal duties. See, e.g., https://www.lawfaremedia.org/article/are-federal-officials-immune-from-state-prosecution https://www.lawfaremedia.org/article/are-federal-officials-i... (although that's not in response to the current incident). They will certainly attempt to dismiss any charges, but they are far from guaranteed that they will be successful.
- websiteapi 10mo ago
  They’re literally on camera doing ice work (prior to the killing), virtually guaranteed it’ll count.
  - jcranmer 10mo ago
    That doesn't matter. It's not enough that they were doing their job beforehand, their actions at stake have to comport with their actual duties. So is it part of their official duties to walk in front of a car of someone who is trying to leave the scene, alter their path when the car turns out of the way to ensure they remain in their way, and then shoot the driver? Or is that merely the kind of excessive force that's in contravention of their training and not part of their job role?
    - websiteapi 10mo ago
      Watch the video, it’s obvious. The person was stopped as part of an ice directive.