Minnesota legal officials looking to prosecute ICE agents involved in the deaths of Alex Pretti and Renee Good may be hindered by MAGA-leaning states, according to a new report.
Lawmakers lack some basic details for a prosecution case against those responsible for the deaths of Pretti and Good. Though Minnesota officials had made efforts to verify the identities of those involved, Donald Trump’s administration has put up a fight and refused to comply with the state.
Salon writer Andy Mannix shared that the admin had “rebuffed” requests from Minnesota lawmakers, and that the chances of getting any detail from MAGA-friendly states are slim in which they might reside are slim.
Mannix wrote, “The first test for prosecutors, if they file charges, would be to prove the agents don’t qualify for immunity through the Constitution’s supremacy clause, a rarely invoked legal doctrine that protects federal officers from state prosecutions if they’re acting lawfully and within the scope of their duties.
“Even if they survive such a fight, the cases could be dogged by a series of logistical challenges. [Hennepin County Attorney Mary] Moriarty, who has been leading the investigations, has decided not to seek reelection and will leave office at the end of the year. That means whoever wins the election for her seat in November could inherit the prosecutions.”
Mannix also suggested Minnesota officials will face an uphill battle in prosecuting specific ICE agents beyond a supremacy clause issue. Minnesota prosecutors needing information from potentially MAGA-leaning states for their investigation.
Mannix added, “In addition to not having the names of the agents, prosecutors don’t know where those agents are now. Minnesota may need to extradite them, potentially from a MAGA-leaning state that may balk at sending them to Hennepin County to stand trial.”
Legal experts believe there could be further problems after a supremacy clause ruling. “Will the federal government or other states cooperate with that? I think the answer to that is sort of iffy,” Ilya Somin, a law professor at George Mason University in Virginia, said.
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