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re: Who has jurisdiction to prosecute this border patrol agent?

Posted on 1/24/26 at 9:45 pm to
Posted by dickkellog
little rock
Member since Dec 2024
2908 posts
Posted on 1/24/26 at 9:45 pm to
quote:

No. I’m making a rather clear point that if a law enforcement officer breaks a law while on the clock that they can be prosecuted for it.


yes by the federal government, see how that works jethro?

there's an ATF agent in little rock that just more or less executed our cheif executive of the clinton national airport in a predawn raid on his home in a suspected gun show violation.

bryan malinowski in an effort by your BFF joe biden's desire to create a fast and furious situation for gun shows.

here child educate yourself!

LINK
Posted by Kafka
I am the moral conscience of TD
Member since Jul 2007
157344 posts
Posted on 1/24/26 at 9:55 pm to
quote:

see how that works jethro?
meh

but your random jethrine reference made me LOL
Posted by tarpley2000
Texas
Member since Oct 2021
35 posts
Posted on 1/24/26 at 10:52 pm to
Unacceptable! Sad! Infuriating! Incompetent! Pure lack of humanity, common sense or compassion.
Posted by prplhze2000
Parts Unknown
Member since Jan 2007
58182 posts
Posted on 1/25/26 at 12:10 am to
State. Homicide is a state investigation
Posted by Riverside
Member since Jul 2022
10669 posts
Posted on 1/25/26 at 12:15 am to
Feds.

And Trump should preemptively pardon every ICE and Border Patrol Agent before he leaves office out of an abundance of caution, IMO.
Posted by JimEverett
Member since May 2020
2402 posts
Posted on 1/25/26 at 12:21 am to
The State can prosecute but the defendant can have it removed to federal court where immunity would be determined.

Could you imagine trying to enforce federal law in Mississippi and Alabama, etc in the late 50s/60s if States could essentially veto federal law through proaecuting federal agents in state courts?
Posted by lurking
Member since Nov 2022
2297 posts
Posted on 1/25/26 at 12:34 am to
You're talking about the supremacy clause. We went to war once over this.
Posted by djsdawg
Member since Apr 2015
41728 posts
Posted on 1/25/26 at 1:46 am to
Yet
Posted by the808bass
The Lou
Member since Oct 2012
128778 posts
Posted on 1/25/26 at 3:31 am to
quote:

After the shooting, the Arkansas State Police conducted an investigation. In April, state police turned over the case file to Jones, the prosecutor for Pulaski County, to make a determination about whether the shooting was justified.


LINK

You ignorant slut.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476619 posts
Posted on 1/25/26 at 6:21 am to
quote:

yes jethrine, if on duty that is correct it would be up to the federal government to prosecute that agent.

No. The agent has to be performing their duties lawfully.
Posted by BamaGradinTn
Murfreesboro
Member since Dec 2008
29227 posts
Posted on 1/25/26 at 6:25 am to
quote:

The state can prosecute a federal agent.


Everyone downvoting you apparently think that the Republicans will hold the Whte House forever.

There is no statute of limitations for murder. As soon as the next Democrat is sworn in as POTUS, not only will Minnesota get the green light to prosecute him, there will also be federal civil rights charges brought.
This post was edited on 1/25/26 at 6:34 am
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476619 posts
Posted on 1/25/26 at 6:27 am to
quote:

there's an ATF agent in little rock that just more or less executed our cheif executive of the clinton national airport in a predawn raid on his home in a suspected gun show violation.

You're being incredibly dishonest, as is your article. That guy was caught dead to rights breaking the law, and it was prior to the regs the article references.

The ATF could have handled that situation better, for sure, but nothing they did was unlawful.

However, within your own article is a clue.

quote:

The Arkansas State Police were notified about the officer-involved shooting and responded to the Malinowski home to conduct their investigation.


quote:

Additionally, the Arkansas State Police obtained a search warrant for the home as part of their officer-involved shooting investigation. The State Police did not turn over the Malinowski home to the ATF and RAC Merrill until 1:53 p.m. on March 19, 2024.


Why would state, not federal, police investigate this incident if only the feds can so do?
This post was edited on 1/25/26 at 6:29 am
Posted by BamaGradinTn
Murfreesboro
Member since Dec 2008
29227 posts
Posted on 1/25/26 at 6:28 am to
quote:

And Trump should preemptively pardon every ICE and Border Patrol Agent before he leaves office out of an abundance of caution, IMO.




No POTUS can pardon anyone for state or local crimes.
This post was edited on 1/25/26 at 6:29 am
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
37531 posts
Posted on 1/25/26 at 7:14 am to
....ok, defacto complete immunity. FBI is not going to investigate what ICE does. DoJ isn't going to review right now in any meaningful way. We won't know which officer discharged his weapon.

ICE and Homeland won't really investigate either.

They are free to do pretty much whatever they want right now.
Posted by ChineseBandit58
Pearland, TX
Member since Aug 2005
49520 posts
Posted on 1/25/26 at 7:28 am to
quote:

yes jethrine, if on duty that is correct it would be up to the federal government to prosecute that agent. i'm assuming they would.
ing
Driving drunk is not part of any official duty.

I would think the agent would be prosecuted by the state

I would think the feds would prosecute him for being drunk while 'on duty.'

quote:

it always amazing to me how stupid you people are.

and you have proved it in a most hilarious manner - making fun of one of the most respected members of this board.

sucks to be you
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476619 posts
Posted on 1/25/26 at 7:30 am to
quote:

We won't know which officer discharged his weapon.


THAT is actually the subplot I am most interested in watching develop.
Posted by Indefatigable
Member since Jan 2019
37270 posts
Posted on 1/25/26 at 7:30 am to
The State of Minnesota and the Feds.
Posted by Indefatigable
Member since Jan 2019
37270 posts
Posted on 1/25/26 at 7:31 am to
quote:

Not for on the job incidents.

If he’s found to have acted beyond the scope of his duties, which is what the state will argue, yes they can.
Posted by UptownJoeBrown
Baton Rouge
Member since Jul 2024
9926 posts
Posted on 1/25/26 at 7:31 am to
Both have jurisdiction.
Posted by HailToTheChiz
Back in Auburn
Member since Aug 2010
54703 posts
Posted on 1/25/26 at 7:32 am to
quote:

No. The agent has to be performing their duties lawfully.


Which the agents clearly were

Lawfully.

Gross negligence would likely be the standard
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