Federal Officials and Absolute Immunity: Legal Limits in Minneapolis Killings
On Saturday, U.S. Border Patrol agents killed Alex Jeffrey Pretti, the second person federal personnel have shot and killed in Minneapolis since President Donald Trump launched an immigration-enforcement operation earlier this month. Following the first killing, of Renee Good, shot by an ICE agent while in her car, federal officials signaled a lack of interest in an impartial inquiry. Vice-President J.D. Vance stated federal officials have “absolute immunity” while performing their duties. Pretti’s death,prompting calls for investigation even from some Republicans,has led to accusations that the federal government is blocking access to the shooting scene. Multiple Trump Management members labeled Pretti a “domestic terrorist” and misrepresented the events captured on video. Saturday night, a federal judge ordered the government to preserve evidence after Minnesota authorities filed a lawsuit.
To discuss what state officials can do to investigate and prosecute alleged crimes by federal officials, I spoke with Steve Vladeck, a Georgetown law professor and author of the “One First” legal newsletter. Our conversation, edited for length and clarity, covered the unsettled law on these issues, potential sabotage by the Trump Administration, and how the Supreme Court might view clashes between executive power and states’ rights.
There appear to be two difficulties for states investigating or prosecuting federal officials: the law as defined by the courts, and the Trump administration obstructing investigations. Are these distinct issues?
That’s a helpful distinction. There’s the question of whether the law permits a prosecution, and whether a prosecution is practically viable. We haven’t often needed to consider the latter, but we must now.
Let’s begin with the legal complications for state officials charging federal officers with crimes in a state like Minnesota. What is the primary legal roadblock?
The primary roadblock is the doctrine that’s b