Yes. In re Neagle, 135 US 1 (1890). The Supreme Court decided federal officers were immune from state prosecution for actions in their official capacity.
Yes. In re Neagle, 135 US 1 (1890). The Supreme Court decided federal officers were immune from state prosecution for actions in their official capacity.
Neagle is distinguishable in many ways. It’s a defense of others case where Fed Neagle was protecting another Fed then charged with a state crime (murder). Let them cite it. Criminal acts while racially profiling to enforce immigration law isn’t the ofc. biz of US govt.
This would clearly not be an official capacity claim. Racial profiling of Hispanics systematically is not within scope of employment. Charge them, indict them and let them claim racial profiling as their defense. They have no other. Let them reveal their tactics. Go on. Have at it. Put them on D
What if the actions are unlawful?
That they are acting on behalf of the federal government immunizes them from state law. And whether they are so acting is a question for federal courts who except in egregious cases are going to defer to the executive branch.
and previous supreme courts would've found that kilmar abrego garcia should be home with his family right now. we've all seen the feds flagrantly break the law over and over again since january. why can't philly do the same???
Which is why it's important that federal agents clearly identify themselves. Otherwise any thug can put on a mask and kidnap people while claiming to be ICE. If you have no way of knowing if someone is a federal agent there's no reason to assume it.
Uh huh. See: “I was just following orders” defense, Nuremberg Trials. Constitutional protection of the Supremacy Clause only applies if the officer's actions were within the scope of their LAWFUL federal duties.
Krasner is making it clear which actions aren’t going to be considered an official capacity. The definition can be further adjudicated after the harms are stopped.
He isn't relevant to that decision. It is entirely up to the federal government, possibly lightly constrained by federal courts in really egregious cases.
This, btw and fyi, is part of the massive systemic breakdown and invitation to corruption y'all should really see about fixing.
According to you the Nazi soldiers were innocents ?!?? The excuse “I was only following orders didn’t work in Norimberga .” If a federal official or soldier is following illegal orders goes to jail.
Did it seem like I was opening a dialogue?
I am all for arresting ICE and giving them the exact same level of care and respect that they have given Brown bodies. Alligator Alcatraz still has a few days open.
The wild thing to me is these are all enforcement of civil offenses. We are disappearing, maiming, and ruining people over the legs equivalent of ‘obstructing traffic’. Any deterrent to criminal violence done under color of our flag is going to come from localities, blue cities and states.
Any LEO with bodycam evidence of an unprovoked assault by ICE who fails to affect an arrest should be held to account
I think we can leave the citizens crimes to the people for a minute, to address the pedophiles in the government. When the crimes of the rich have been given consequences, the citizens "offenses" will automatically end. #StolenLand #TeleaseTheEpsteinFiles
Unfortunately, in this country abuse in any form isn't believed without the details. And sometimes even the details aren't enough, depending upon how powerful the accused are. As though the abuse didn't have a lot to do with them becoming so powerful
If we all #believethewomen, the powerful will no longer have the power. It will be the People's Country. #ReleaseTheEpstsinFiles
Yeah, I think I'll trust Larry Krassner's knowledge of the law over an online bear.
Obviously.
In that case J20, CopCity, KXL, hell even j6 have shown prosecutors have tremendous power to incarcerate, detain, and ruin individuals for years over a case that is ultimately dismissed. I will trust a practicing prosecutor to know their remit better than 2 animal pfps on a web forum.
Then you might note that Krasner hasn't actually brought a single one of these cases.
Yeah drives me nuts. You lawyers sure like to treat the law as some mathematical notation that proves you have to let the agents boot in your neighbors face. Because Bivins or some cockamamie opinion some civic priest farted out.
This is just also bad analysis They can be arrested and held, and then the courts have to decide if they were acting within the scope of their duties. Not the "federal government" Also, even if they eventually get off the charges, stopping them and potentially arresting them is more important
They would identify themselves as federal employees on duty and the local police would not arrest them. They cannot legally do so and would not attempt it.
They literally can arrest federal employees who are committing crimes, on duty or not
Forcing them to actually identify themselves would already be a huge step forward. I bet many of these goons aren't even formally feds.
any half decent LEO would absolutely arrest even their own partner were they publicly behaving in an obviously illegal manner
Federal supremacy is very deeply entrenched in our system.
So were lots of other principles and yet, here we are