Shortly after a U.S. Immigration and Customs Enforcement officer shot and killed a woman in Minneapolis on Wednesday, city leaders began looking into whether the officer had violated state criminal law.

Minneapolis Mayor Jacob Frey said, “We collectively are going to do everything possible to get to the bottom of this, to get justice, and to make sure that there is an investigation that is conducted in full.” Police Chief Brian O’Hara followed up by saying that the state’s Bureau of Criminal Apprehension is “investigat[ing] whether any state laws within the state of Minnesota have been violated.”

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.

    • ObjectivityIncarnate@lemmy.world
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      The media can’t legally say “murder” unless/until there’s a conviction. So it’s either “alleged murderer” or “shooter”, and they definitely chose of the two, the one that ‘safely’ implies more guilt.

      One can’t really reasonably fault them for that choice, if one believes in his guilt, which you obviously do.

  • carpelbridgesyndrome@sh.itjust.works
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    4 hours ago

    Trials need evidence which Noem and others knowingly stole. Absent evidence a conviction will be hard to obtain. The state’s helpless pleading here isn’t about jurisdiction it’s about access.

    • SirEDCaLot@lemmy.today
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      I’m not so sure. There are numerous widely circulated videos shot by members of the public that are easily available online. Any of those could be entered in as evidence. You just have a question of strength of case. If the video original starts 30 seconds previous and shows the agent not identifying himself and charging at the car, then you have a pretty open and shut case. The only question becomes identifying the specific agent. If ICE will not turn over the identity and it’s not clear from the video, it may be more difficult to charge that person. That would lead to an interesting State versus Federal showdown where the state court would try to subpoena a federal agency, and I’m sure the federal agency would do everything possible to stop that subpoena.

    • Katana314@lemmy.world
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      That may not have been enough, given that in incidents like George Floyd, public video postings were some of the most critical evidence. Everyone has that evidence, even if they cannot provide on-scene confirmations.

    • in4apenny@lemmy.dbzer0.com
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      That doesn’t exactly work in the murderers favour, considering now the only evidence is various videos of him doing the murder in a non-threatening situation.

      • InputZero@lemmy.world
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        Also jury nullification. Doesn’t matter if the verdict the jury delivers is guilty or innocent, so long as the jury says one thing and thinks another it’s jury nullification.

        • jjjalljs@ttrpg.network
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          Ehh kind of. But, you know, nullification is when the laws say they’re guilty but the jury says no. Typically because the laws are unjust. But there’s an opposite where the laws might say they’re innocent, but the jury says guilty because the laws are also unjust.

          • M0oP0o@mander.xyz
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            Yeah, still sounds like mob justice. Not disagreeing with the mob in this case mind you.

            • jjjalljs@ttrpg.network
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              Yeah, true. Too much jury nullification of any sort means you’re systems are failing. Not good for a society.

    • MajorasMaskForever@lemmy.world
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      Trump keeps getting away with shit on the federal level because no one is stopping him and people comply with his demands. Despite Trump repeatedly “pardoning” Tina Peters, the prison guards in Colorado are keeping her locked up and are ignoring him. Minnesota could do the same

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    They could. But they won’t. That would be more than just token resistance. Everybody knows the Dems are paid by corporations to only resist with words, motions, committees, and meaningless votes.

    If we want accountability, we’re going to have to demand it, like after George Floyd.

    Only once it becomes cheaper to appease us than resist us, will we be appeased.

      • Jakeroxs@sh.itjust.works
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        If you think we got to this point only because of Republicans… You haven’t been paying attention.

        No they’re not the same exactly, but democratic inaction is nearly as bad as it allows this kind of shit to happen.

        • RememberTheApollo_@lemmy.world
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          The dems are every bit as effective as the people who stay home instead of voting. When it’s important, they do nothing.

          • Jakeroxs@sh.itjust.works
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            Blaming the voters for rightly seeing the dems won’t fight for them either isn’t helping the situation.

            We wouldn’t be in this mess if the democratic party hadn’t made excuse after excuse. We’ve been betrayed over and over and that takes its toll on people.

            I still hold my nose and vote D because they’re the lesser of two evils clearly, but I can understand why so many are tuned out.

            • freddydunningkruger@lemmy.world
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              Did you know Democrats originally tried to make single payer a part of ACA?

              The problem is, they needed 60 votes in the Senate, and ONE Democrat, Joe Lieberman, joined EVERY SINGLE REPUBLICAN in voting against the public option.

              1 single Republican voter crossing the aisle could have delivered single payer, but idiots blame the Dems. Electing 1 more Democrat instead of a Republican could have delivered single payer, but idiots blame the Dems. 40 Republicans and 1 Democrat voted NO against Single Payer, and brilliant minds everywhere gargled BOTH SIDES SAME!! You can’t make this shit up.

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                I did, the funny part is instead they literally went with Romney’s plan and still got shit on forever for it.

                Trying to reason and play politics with facists doesn’t work, and its long past time they learn that.

                Did you know the Democrats actively prop up republican nutjobs (financially supporting their campaigns) because they think it’s easier to win against them? One of those nutjobs was Donald Trump.

                You can’t make this shit up

      • OshagHennessey@lemmy.world
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        If voting R means corporatism and fascism, and voting D still means corporatism and fascism, just on the next election cycle instead of this one, who cares if there’s any technical distinction between them?

  • electric_nan@lemmy.ml
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    Look what it took to get Chauvin prosecuted. If we want pigs to face justice, we have to speak at a volume they can hear us in their mansions.

    • Cruel@programming.dev
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      Chauvin wasn’t assaulted with what’s legally considered a dangerous weapon. So this case would be much harder. Unprecedented, really.

      • Dr. Moose@lemmy.world
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        Not an american but seems like US’ case law is very much precedented here. I don’t have a source at hand but there has been at least a dozen similar cases all sided with the victims. Even official training of ICE explicitly says “do not stand in front of the vehicle ever”.

        If there’s no justice here then it’s entirely on lack of will rather than law.

        • Cruel@programming.dev
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          Every case people cite are civil lawsuits for excessive force. And people usually don’t prevail, especially when an officer is actually in the process of being assaulted.

          At most, her family could get a settlement for damages for excessive force. But criminal charges are what would be pretty unprecedented.

          • Dr. Moose@lemmy.world
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            I think it’s moot to discuss this without bringing up the actual law cases and I’m not going to lie - I’m a bit too lazy and this is too depressing for me to sacrifice my time for.

            My faith in US’ justice system is not great though so you might very well be right.

      • UnderpantsWeevil@lemmy.world
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        Chauvin wasn’t assaulted

        That’s not what he claimed at the time. A big part of every cop-killer story is the allegation that the person they murdered prompted the killing. Chauvin insisted through his entire defense that Floyd lashed out at him in his final moments, right before he spontaneously died of a drug induced heart attack.

        We’ve got video clear as day of the ICE agent casually walking up to the car and plugging the woman in the face. This was a mother who’d just dropped her child off at daycare, not some marauding vehicular anti-ICE assassin. She was given seconds to respond to a command and butchered for failing to act fast enough.

      • garretble@lemmy.world
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        By the logic the government has tried to push on this murder, people should be able to shoot into the vehicles of ICE thugs when they try to drive through protest crowds. We’ve seen that on video plenty of times in the last year.

      • AnarchistArtificer@slrpnk.net
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        I hope that you never find yourself opposite an asshole cop who doesn’t care whether you actually pose any danger to them.

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    Yeah sure.

    How many National Guard went to jail for the Kent State massacre?

    Zero. Four murdered, 9 maimed.

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    “Should”. Whatever this is just an article nothing is going to happen. Also I don’t really think prosecuting one officer is enough

    • ameancow@lemmy.world
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      The FBI is taking over the case and as such MN state prosecutors cannot access any evidence. I don’t know if they can prosecute a case based on just the videos taken from bystanders, but typically there’s a lot more to a legal case.

      If the FBI takes over the investigation it will land on the desks of podcasters and grifters who have already gone all-in to protect their bosses from being investigated for raping children, so I don’t think we’re going to see anything satisfying happen here.

      I don’t know how many innocent people have to die or what skin color they need to have before people will broadly start to seriously think about regime change on our terms.

    • ZombiFrancis@sh.itjust.works
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      “Should” typically means “must” in the legal sense.

      But also consider that getting ICE to leave their agent out to dry would would go a ways in breaking their sense of invulnerability. Same dynamic as getting a police union to dump a cop in the courts.

      • LogicalFallacy@lemmy.zip
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        That’s why the mayor and government should arrest first and ask questions later. The guy is clearly a flight risk, armed, and dangerous. Likely has a criminal record as well.