• ignirtoq@feddit.online
    link
    fedilink
    English
    arrow-up
    71
    ·
    edit-2
    7 days ago

    There’s not really a “taking over” the FBI can (legally) do here. The murder happened in Minnesota, so the state of Minnesota can bring a state criminal case against the ICE agent for violating state law while acting within the state. If the FBI also wants to open a federal criminal case against the agent for violating a federal law while in the country, they can open a parallel investigation using the same evidence. But the FBI can’t (legally) “take over” a state criminal case. That’s not how our legal system works.

    I keep putting “legally” parenthetically because this administration does whatever it wants and uses contorted readings of the law for creating after-the-fact justifications, but here there are few options available to them even to contort.

    • LibertyLizard@slrpnk.net
      link
      fedilink
      arrow-up
      13
      ·
      7 days ago

      They can and should pursue a state investigation. However, it’s important to note that key evidence is in federal hands and it’s not clear they will turn that over. I’m not sure the publicly available evidence to date is enough to convict but hopefully we’ll see.

  • Tuuktuuk@piefed.europe.pub
    link
    fedilink
    English
    arrow-up
    45
    arrow-down
    1
    ·
    7 days ago

    They have enough evidence in the videos. Can’t the court just get it on with that evidence alone? It’s not as if there was anything terribly unclear about the case.

    • Dashi@lemmy.world
      link
      fedilink
      arrow-up
      41
      ·
      7 days ago

      I mean, if i was a prosecutor I’d show the video and say “you can see here she was clearly serving away from the officer who discharged his gun several times into the deceased. He was never in danger for his life. She was not a clear and imminent threat to others. Should she have done what she did? Should she run from the cops? Should she have listened and stopped? Those are great questions with various answers but not the point of the trial. The question is, should she have been shot to death for doing what she did? That answer is no. He is guilty of murder.”

    • Jo Miran@lemmy.ml
      link
      fedilink
      arrow-up
      16
      ·
      7 days ago

      What is the name of the ICE agent? What does Minneapolis do if the DOJ refuses to share thar information?

    • NEILSON_MANDALA@lemmy.world
      link
      fedilink
      arrow-up
      9
      ·
      7 days ago

      i remember thinking the george floyd video was pretty clear cut, then all these right wingers said it was fent that got him, despite the very visible knee on the guy’s neck

      • Tuuktuuk@piefed.europe.pub
        link
        fedilink
        English
        arrow-up
        6
        ·
        7 days ago

        The right wingers can say all they want to.
        Relevant is only whether the judge listens to those right-wingers or uses their own eyes.

  • UnspecificGravity@piefed.social
    link
    fedilink
    English
    arrow-up
    34
    ·
    7 days ago

    The FBI has zero authority to prevent a state from investigating, charging, or prosecuting a crime that occurred within their state.

  • Buffalox@lemmy.world
    link
    fedilink
    arrow-up
    32
    arrow-down
    4
    ·
    7 days ago

    How is a murder by a federal ICE agent, a case for the also federal FBI? Both under the same federal department of justice!
    This reeks of the case being “handled” from the top, and the result determined politically and not by law based on the evidence.

    This is one of the things I love about EU, we simply don’t have a police force that operates with higher priority than our national police.

    USA is not built on mutual respect, and this fact permeates everything politically by the federal government more than ever.

    • Jo Miran@lemmy.ml
      link
      fedilink
      arrow-up
      8
      ·
      7 days ago

      How is a murder by a federal ICE agent, a case for the also federal FBI?

      Because puppy killer Noem said the murder victim was a domestic terrorist.

      • Buffalox@lemmy.world
        link
        fedilink
        arrow-up
        4
        ·
        edit-2
        7 days ago

        Of course, that’s what that was about. 😮‍💨
        Twisting the law beyond recognition.
        I’ve been warning Americas that they risk being charged as terrorist only to make a judicial murder on them.
        And my guess is they most definitely will do that in this case, that she is already dead is irrelevant.
        Even if she had been alive, she wouldn’t stand a chance to defend herself.

    • stickly@lemmy.world
      link
      fedilink
      arrow-up
      0
      arrow-down
      1
      ·
      7 days ago

      It’s so moronic how I 2 days ago was downvoted to oblivion for claiming that […] he can shut down the midterm election, because the federal agencies have higher jurisdiction than local authorities.

      You should be downvoted because that’s not how jurisdiction or granted powers or authority work relative to the constitution. Like yeah, he can:

      • tell the Supreme Court to make him king of his kangaroo kingdom
      • burn down polling stations and arrest everyone who shows up
      • have his House speaker refuse to swear in “contested” elections and hang all representatives that jump to the nascent quorum in the new, legitimate House
      • topple state governments and only allow loyalists to be appointed, thus abolishing state elections

      Could those things happen? Sure. But that’s not the same thing as keeping a continuity of legitimate governance in any sense of the phrase. You’re just describing things that anyone could do with a handful of cronies and an occupying army. He emphatically does not have to mechanism to change the constitution to sanction those actions.

      Calling any of that “in his jurisdiction” is dumb as fuck and preemptively legitimizing a hostile occupation. It betrays a fundamental misunderstanding of American political institutions and encourages fatalistic defeatism.

      • Buffalox@lemmy.world
        link
        fedilink
        arrow-up
        0
        ·
        edit-2
        7 days ago

        that’s not the same thing as keeping a continuity of legitimate governance in any sense of the phrase.

        Of course it wouldn’t be legitimate by traditional standards, but do you really think Trump gives a shit?
        How many dictators are legitimate? He will fake legitimacy, he will gaslight and confuse, and when the dust settles it’s to late.
        I’m saying he can do it because he has the control necessary to do it, not because the power of having that control makes it legitimate. Whatever gave you that crazy idea???

        The problem is that federal agencies can override local authorities. And to decide it was done illegally, takes years to decide, but when the dictator has total power it’s too late anyway, and the court that will decide the issue will be rigged to favor those in power.

        In this concrete case FBI overrides local authorities by making it a case about terrorism! A completely made up claim that makes no sense.
        What do you think the local authorities can do to prevent that? In cases of dispute Federal jurisdiction trumps local by default in all situations I know of.

        You’re just describing things that anyone could do with a handful of cronies

        No, nobody has cleared out the agencies to instate their own people like Trump has done.
        And it has taken decades for the Republicans to get a solid majority of the supreme court. And they are doing Trump’s bidding.
        Nobody has been hiring fanatics for their own police (ICE) like Trump has done.
        And nobody has taken control with the national guard as Trump has done.
        And finally nobody has stacked the White House Administration with people who despise democracy like Trump has done.

        You are being naive bordering on the criminal. Trump is clearly putting the pieces in play, and taking control of them.

        • stickly@lemmy.world
          link
          fedilink
          arrow-up
          1
          arrow-down
          1
          ·
          7 days ago

          Because there is nothing giving the federal government jurisdiction over state elections, it is very explicitly a power reserved to the states. As I’ve said, they can go far beyond their jurisdiction to interfere but there is nothing that can happen to grant them the constitutional power.

          it wouldn’t be legitimate by traditional standards

          No, this phrasing right here is the problem☝️

          IT WOULD NOT BE LEGITIMATE BY ANY STANDARD. THE USA WOULD BE OCCUPIED BY A HOSTILE FORCE

          The difference between those two things is the difference between your EU neolib governments covering their eyes and going about business as usual and actually responding to the crisis that it is. That recognition is very real and tangible both in the USA and internationally.

          • Buffalox@lemmy.world
            link
            fedilink
            arrow-up
            2
            arrow-down
            1
            ·
            7 days ago

            it is very explicitly a power reserved to the states.

            Which is completely irrelevant, if they are declared terrorists that are trying to destroy America.

            • stickly@lemmy.world
              link
              fedilink
              arrow-up
              1
              ·
              edit-2
              7 days ago

              Holy fuck just stop talking about US governance if you don’t know what you’re saying. Declaring a state’s elected officials are terrorists or putting them in jail does not remove them from office.

              Edit because I assume I got blocked:

              They may have other ways

              They do not They do not They do not They do not They do not

              For everyone’s own sake we need learn to reject fascist legalese. There are sometimes very goddamn clear lines and you can’t carry their water by assuming they can cross them.

              • Buffalox@lemmy.world
                link
                fedilink
                arrow-up
                2
                arrow-down
                1
                ·
                7 days ago

                They may have other ways, under martial law they can do whatever the fuck they want, especially when you don’t give a crap about the law, and only twist it to serve your own agenda.
                They don’t give a crap about justification, they are so far gone now, they often don’t even give a shit about plausible justification. They just use whatever paragraph suits their purpose.

                Of course if try to hold an election when Trump under martial law has said not to. And those are labeled terrorists or enemies of the state, then those officials will be jailed. And jails to keep them are being built as we speak.

          • Buffalox@lemmy.world
            link
            fedilink
            arrow-up
            1
            arrow-down
            1
            ·
            7 days ago

            IT WOULD NOT BE LEGITIMATE BY ANY STANDARD.

            And calling the woman that was shot a terrorist is legitimate?

            • stickly@lemmy.world
              link
              fedilink
              arrow-up
              1
              ·
              7 days ago

              Again you’re conflating their dubious federal powers of immigration enforcement + “self defense” against a well defined and core process of election. People can disingenuously argue frame-by-frame on a video about “intent” or “threats” all day. You can’t let them do the same to the clearly written, fundamental legal structure of the country.

              • Buffalox@lemmy.world
                link
                fedilink
                arrow-up
                0
                arrow-down
                1
                ·
                7 days ago

                you’re conflating their dubious federal powers of immigration enforcement

                Not at all, I’m looking at the overall behavior of Trump, and hes disregard for the law. The kidnapping of Maduro was also illegal, both by international and American law. Even if USA doesn’t give a shit about international law, he was required to ask permission from congress.

                You can’t let them do the same to the clearly written, fundamental legal structure of the country.

                What?? But he is already doing that left and right!!! He already attempted a coup! Completely against the constitution. Something he should be in jail for, and undetectable for any public office for the rest of his life. Why are you arguing so hard against obvious evidence?

                He has also used his presidential powers to go after people that were against him! And interfered in investigations where he has clear personal interests.
                Trump breaks the law constantly, he is a pattern criminal. Why would you think that with the power to make USA a totalitarian nation he wouldn’t do so?
                And who do you imagine will stop him, if he has the control of the entire federal system?

    • X@piefed.world
      link
      fedilink
      English
      arrow-up
      4
      ·
      7 days ago

      “We have thoroughly investigated ourselves and have determined that we have done absolutely nothing wrong.”

  • Master167@lemmy.world
    link
    fedilink
    English
    arrow-up
    8
    ·
    7 days ago

    Right, because the FBI is an objective investigator of the federal government. Surely there’s nothing political in this case.

    • SeeMarkFly@lemmy.ml
      link
      fedilink
      English
      arrow-up
      7
      ·
      7 days ago

      Just look at how good they did on the Epstein files. They’ll redact her name and everyone is innocent.

      Win, win, political win.