“Power being almost always the rival of power, the general government will at times stand ready to check the usurpations of the state governments, and these will have the same disposition towards the general government ... If [the people’s] rights are invaded by either, they can make use of the other as the instrument of redress.”
— Alexander Hamilton, Federalist No. 28
The recent shooting of a woman in Minneapolis by an ICE agent has raised significant questions regarding accountability, jurisdiction and the extent of cooperation between the FBI and the Minnesota state police.
Having investigated Officer Involved Critical Incidents (OICI) at the Salt Lake County DA’s office and subsequently represented over 100 officers in such matters, I have seen this process from both sides. While investigative agencies typically cooperate effectively — as seen in the joint effort between the FBI and Utah County Sheriff’s Office following the Charlie Kirk shooting — the dynamic changes when the subject is a law enforcement officer.
If the FBI refuses to cooperate with state authorities, the question becomes: Can the state still prosecute? It is difficult to imagine that any jurisdiction would be barred from prosecuting a homicide within its borders, regardless of the accused’s affiliation. While state prosecution of a federal officer is uncommon, agents can be held accountable for violating state criminal laws if they act with malice or excessive zeal.
Under the Supremacy Clause, federal agents are granted immunity only if they act reasonably within the scope of their duties. They lose this immunity if they act unlawfully. As established by the Supreme Court, federal actors can be prosecuted for murder if their use of force is deemed excessive or unlawful. Deadly force is only permissible if an agent reasonably believes it is necessary to prevent immediate harm or escape, and even then, it generally requires a prior warning and opportunity to surrender.
Some legal analysts have suggested that prosecuting the ICE agent for the death of 37-year-old Renee Good would be very difficult, noting that juries are often reluctant to convict law enforcement officers. While there may be valid reasons not to file criminal charges, the FBI’s lack of transparency remains deeply troubling.
What legitimate justification is there for impeding state law enforcement agencies? This shooting occurred only blocks away from where George Floyd was killed by Minneapolis police officer Derek Chauvin in 2020. Chauvin was prosecuted and convicted of murder and manslaughter and is currently in prison. If the FBI refuses to allow state law enforcement to participate in the investigation and subsequently concludes that no crime occurred, the potential for community outrage is high.
Transparency and cooperation could very well avoid that outcome.