ICE Agent in Renee Good Shooting May Claim Absolute Immunity from State Charges, Leaving Minnesota Officials Scrambling.
The shooting of Renee Good by an Immigration and Customs Enforcement (ICE) agent in Minneapolis last week has sparked a potential legal showdown between the state and federal government. The agent, Jonathan Ross, may claim absolute immunity from state charges under the Constitution's Supremacy Clause.
The Supremacy Clause establishes federal law as supreme and superseding state law, limiting the ability of states to interfere with federal law through criminal prosecution. However, it also allows states to hold federal officials accountable for violating state law unless there is a conflict between state and federal law.
Minneapolis officials have raised doubts about Ross's claim of immunity, citing video footage of the shooting that appears to contradict the agent's account of events. Local officials pointed out that Minnesota has the authority to investigate and prosecute crimes committed in the state, including the shooting.
Carolyn Shapiro, a law professor and co-director of the Institute on the Supreme Court of the United States at Chicago-Kent College of Law, said it is "simply false" that the state lacks jurisdiction. Shapiro noted that Minnesota has prosecuted federal officials for using deadly force in the past, as seen in an 1990s case involving an FBI sniper.
If charges were filed against Ross, he would likely appear before a federal judge and assert his claim of immunity under the Supremacy Clause. The court would have to determine whether Ross was acting within the scope of his duties and performing them in a "necessary and proper" way.
The outcome is uncertain, with experts noting that Supremacy Clause immunity is a complex legal process most often used during times of heightened tensions between states and the federal government. If Ross were eventually convicted on state charges, he could not be pardoned by President Trump, Shapiro noted.
As the case unfolds, the investigation into the shooting will likely continue to shift between the FBI, Justice Department, and local authorities. Hennepin County Attorney Mary Moriarty's office has set up an evidence portal to receive submissions from the public, while the state is gathering its own evidence in the Good case.
The shooting of Renee Good by an Immigration and Customs Enforcement (ICE) agent in Minneapolis last week has sparked a potential legal showdown between the state and federal government. The agent, Jonathan Ross, may claim absolute immunity from state charges under the Constitution's Supremacy Clause.
The Supremacy Clause establishes federal law as supreme and superseding state law, limiting the ability of states to interfere with federal law through criminal prosecution. However, it also allows states to hold federal officials accountable for violating state law unless there is a conflict between state and federal law.
Minneapolis officials have raised doubts about Ross's claim of immunity, citing video footage of the shooting that appears to contradict the agent's account of events. Local officials pointed out that Minnesota has the authority to investigate and prosecute crimes committed in the state, including the shooting.
Carolyn Shapiro, a law professor and co-director of the Institute on the Supreme Court of the United States at Chicago-Kent College of Law, said it is "simply false" that the state lacks jurisdiction. Shapiro noted that Minnesota has prosecuted federal officials for using deadly force in the past, as seen in an 1990s case involving an FBI sniper.
If charges were filed against Ross, he would likely appear before a federal judge and assert his claim of immunity under the Supremacy Clause. The court would have to determine whether Ross was acting within the scope of his duties and performing them in a "necessary and proper" way.
The outcome is uncertain, with experts noting that Supremacy Clause immunity is a complex legal process most often used during times of heightened tensions between states and the federal government. If Ross were eventually convicted on state charges, he could not be pardoned by President Trump, Shapiro noted.
As the case unfolds, the investigation into the shooting will likely continue to shift between the FBI, Justice Department, and local authorities. Hennepin County Attorney Mary Moriarty's office has set up an evidence portal to receive submissions from the public, while the state is gathering its own evidence in the Good case.