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1
Posted on 1/25/26 at 7:35 am to Indefatigable
State has jurisdiction over homicide. Feds can't preempt.
Posted on 1/25/26 at 7:36 am to prplhze2000
MN may not prosecute right away but the SOL on murder is a long time and they can wait for the next DEM President.
Posted on 1/25/26 at 7:58 am to SlowFlowPro
quote:
MN may not prosecute right away but the SOL on murder is a long time and they can wait for the next DEM President.
I guess a pardon wouldn’t do any good if the state could somehow bring charges?
I guess the better question is, how can the state bring charges later after the DOJ declines?
Posted on 1/25/26 at 7:59 am to loogaroo
quote:
how can the state bring charges later after the DOJ declines?
We have a dual sovereign and what one does doesn't typically impact the other. The doj declines to prosecute countless crimes where it has concurrent jurisdiction with States everyday and it doesn't impact the state prosecution. Also, the feds will take state charges and while the state can continue the prosecution, typically they do not and let the FEDs take care of it
Posted on 1/25/26 at 8:09 am to prplhze2000
quote:
State has jurisdiction over homicide. Feds can't preempt.
Correct, but the federal agent can remove it to federal court to determine the immunity/course and scope questions.
Posted on 1/25/26 at 8:10 am to BamaGradinTn
Who are you kidding? The news cycle is so short that by the time the Dems have the power, a million new so called injustices will have arisen.
The Supremacy Clause of the U.S. Constitution provides a legal shield to federal agents, preventing them from being prosecuted for state crimes while acting within the scope of their federal duties. However, this immunity is not absolute and can be challenged in court if the actions taken by the agent are outside the reasonable interpretation of their federal duty
The Supremacy Clause of the U.S. Constitution provides a legal shield to federal agents, preventing them from being prosecuted for state crimes while acting within the scope of their federal duties. However, this immunity is not absolute and can be challenged in court if the actions taken by the agent are outside the reasonable interpretation of their federal duty
Posted on 1/25/26 at 8:26 am to SlowFlowPro
What would a presidential pardon do?
Posted on 1/25/26 at 9:27 am to loogaroo
quote:
What would a presidential pardon do?
On homicide charges?
Absolutely nothing.
Posted on 1/25/26 at 10:24 am to Indefatigable
quote:
On homicide charges? Absolutely nothing.
Why? Didn’t Biden do it?
Posted on 1/25/26 at 11:19 am to loogaroo
There is concurrent jurisdiction between the feds and state. We call it a dual sovereign. Each/neither/both can prosecute someone when this concurrent jurisdiction exists.
For an example of someone who got both, Mike Vick is a good example.
A federal pardon only applies to federal charges.
A federal conviction does not create double jeopardy for a state prosecution.
For an example of someone who got both, Mike Vick is a good example.
A federal pardon only applies to federal charges.
A federal conviction does not create double jeopardy for a state prosecution.
Posted on 1/25/26 at 11:21 am to SlowFlowPro
I don't want to derail the other thread so I'll continue here.
So the state could still prosecute him?
quote:
Only applies to federal charges and would prohibit a future DEM admin from prosecuting the agents federally.
So the state could still prosecute him?
Posted on 1/25/26 at 11:25 am to loogaroo
Yes, in theory. There are some potential roadblocks discussed in this thread.
Posted on 1/25/26 at 11:28 am to the808bass
quote:
So if a CBP agent is driving drunk and kills someone while technically on duty, only the Feds can prosecute?
Those are not the perimeters of the discussion.
Posted on 1/25/26 at 11:31 am to soonerinlOUisiana
quote:
Those are not the perimeters of the discussion.
I’ll set up a defense on the parameters. Relieve me in 4 hours.
Posted on 1/25/26 at 1:36 pm to loogaroo
quote:
Why? Didn’t Biden do it?
Pardon someone for state crimes? No.
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