Federal Immunity: Does Absolute Immunity Exist?
- Border Patrol agents killed Alex jeffrey Pretti on Saturday, marking the second fatal shooting by federal personnel in Minneapolis as President Donald Trump launched an immigration enforcement operation...
- Pretti's death has prompted calls for an investigation, even from some republican officials.
- to discuss the limits of state authority to investigate and prosecute alleged crimes by federal officials,I spoke with Steve vladeck,a law professor at Georgetown and author of the...
U.S. Border Patrol agents killed Alex jeffrey Pretti on Saturday, marking the second fatal shooting by federal personnel in Minneapolis as President Donald Trump launched an immigration enforcement operation earlier this month. The first shooting, of Renee Good, occurred while she was in her car and was carried out by an ICE agent. Following Good’s death, federal officials signaled they wouldn’t conduct an impartial investigation.Vice President J.D. Vance stated federal officials have “absolute immunity” while performing their duties.
Pretti’s death has prompted calls for an investigation, even from some republican officials. State officials accuse the federal government of blocking access to the shooting scene. Multiple Trump Administration members have labeled Pretti a “domestic terrorist” and misrepresented the events, despite video evidence. On Saturday night, a federal judge ordered the government to preserve evidence after Minnesota authorities filed a lawsuit.
to discuss the limits of state authority to investigate and prosecute alleged crimes by federal officials,I spoke with Steve vladeck,a law professor at Georgetown and author of the “one First” newsletter. Our conversation, edited for length and clarity, covered the unsettled legal landscape, potential sabotage by the Trump Administration, and how the Supreme Court might rule on clashes between federal and state power.
There seem to be two distinct challenges for states: the legal limitations defined by the courts, and the Trump Administration actively obstructing investigations.
That’s a very helpful way to frame it. There’s the question of whether a prosecution is legally permissible, and then whether it’s practically viable. We haven’t historically had to focus on the latter, but that’s certainly changed.
Let’s start with the legal hurdles. What’s the primary roadblock for state officials attempting to charge federal officers with crimes in a state like Minnesota?
The primary roadblock is the doctrine known as supremacy-clause immunity. This stems from an 1890 Supreme Court decision, and it’s…