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Donkees

(33,427 posts)
1. They don't
Tue Jan 13, 2026, 07:48 AM
18 hrs ago
If local prosecutors were to bring state charges against a federal officer, the officer could also try to claim federal immunity from state prosecution and thereby move the case to federal court, Timothy Sini, a former federal prosecutor in New York, told CNN.

At that point, the federal judge would have to determine whether the federal officer is protected by immunity. That would depend on the Supremacy Clause, which asks whether the officer subjectively believed the conduct was necessary to carry out federal duties, and whether the officer’s conduct was objectively reasonable under the circumstances.

If an officer is convicted of a state-law crime—regardless of whether the case plays out in federal or state court—the President does not have the power to pardon him.

Federal prosecutors can also bring federal charges against a federal officer. But Green says there’s reason to be skeptical that Trump-appointed U.S. Attorneys and Trump-appointed Department of Justice officials would do that.

https://time.com/7344924/federal-officers-shooting-immigration-portland-minneapolis-prosecution-immunity/


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