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There is no statute of limitations on murder, Johnathan Ross. This one is around your neck for life.
He'll be pardoned by Trump. All of ICE probably will be.
*Supremacy clause https://youtube.com/shorts/Lk6tOvIu4qw this does not look good
Only works for federal crimes
Is murder a state or federal crime there? Genuinely don't know as a non usian.
It depends on a lot of factors. Sometimes it is federal, sometimes state, very rarely both (Luigi Mangione being a recent high profile case where he was charged with both)
In this case state charges are probably the most appropriate since it happened in Minnesota and didn't involve crossing state lines
State crime under most circumstances. Federal murder generally requires that it happen somewhere directly administered by the federal government or that the victim be a member of the federal government, and that last one is still only sometimes.
https://youtube.com/shorts/Lk6tOvIu4qw
Presidential pardons only work for Federal crimes. It also does not protect the murderer from a civil suit (see OJ Simpson).
https://youtube.com/shorts/Lk6tOvIu4qw
The state of Minnesota can wait until there is a more friendly administration before bringing charges, since there is not statute of limitations on murder. Also, the supremacy clause does not protect murderer Johnathan Ross from civil litigation.
You attached that TikTok-like video without properly reading the comment you were responding to.
EDIT:
Let's address @someguy3@lemmy.world 's edit below. He is not wrong, but he is being overly defeatist and thus ignoring several key points.
People need to stop saying "wait until after the election".
that's over 2 years from now with a murderer free to kill more people.
this adminstration is going to do everything they can to make sure there isn't a "next administration."
You missed the entire point of the thread.
There were two parts to this. First is criminal and second is civil, you even used the word "also" to separate them.
Criminal: Again, Trump can preemtively pardon him and all of ICE. And the supremacy clause will be in play determined by the court. That's the whole point.
*I guess I'll try again in more detail. There are two parts to criminal. 1) state criminal charges. This is where Supremacy clause comes in. This is determined by a judge, not by the administration. Administration does not matter. 2) federal criminal charges. Trump will likely preemptively pardon him. So future DOJ (appointed by future administration) will not be able to federally charge him. Administration does not matter.
Civil: I don't think civil charges are what anyone wants here. If you are satisfied with possible civil charges, you are missing the entire big picture. Like seriously you think possible civil charges is going to fix ICE shooting people in the face? JFC. I didn't respond to it because you and everyone else should want criminal charges. Ciao.
Again, PEDOnald cannot pardon state charges. Minnesota can still charge Ross with murder even if he gets a presidential pardon. Supremacy clause doesn't prevent states from using their own charges just because the feds refused to charge him with anything
The point @someguy3@lemmy.world was making is that the federal government can pull any state charges to a federal agent into federal court. If the federal judge finds that the federal agent was not acting in their capacity as a federal agent when the crime was committed, then the state prosecution can continue. That's a tough obstacle to overcome under the current administration.
My point is that murder has no statute of limitations and Minnesota can wait to file charges until a non-fascist administration is in power. That could be in four years or in twenty. Again, no statute of limitations.
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pardons don't work for state crimes
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Border patrol agents have no jurisdiction over US citizens. They didn't have the authority to stop her and try to remove her from her car in the first place so, what they were doing was unlawful from the start. That should disqualify him from using the supremacy clause, before we even get into debate on whether lethal force was justified or not.
ICE isn't border patrol.
As for whether this was part of their duties, that's the question and oh boy this is going to be messy in the courts.
Ah, I thought he was border patrol, but he's ICE, and you're right. ICE also doesn't have jurisdiction over US citizens though. I think it's pretty clear that there was no probable cause to believe she, or her wife, were potentially illegal immigrants, were aiding illegal immigrants, or were impeding the agent's investigation in any way, given that she was initially trying to wave them to go around her.
If/When we have a functioning DOJ again, Ross is going to prison.
I posted this elsewhere and got a lot of flack, but I'm pretty certain that there was nothing illegal with Ross stopping to see what was going on as that would have been a consensual encounter.
It's when the 2nd ICE vehicle arrived 30 seconds later that shit went sideways and became a detainment, illegal and murder.
Had he pulled her over that would be another story as the pull over constitutes a detainment, but she was already sitting there. At the start he also didn't order her to do anything or prevent her from leaving, and didn't turn on his police lights while stopping, which likely makes the whole thing a voluntary consensual encounter.
Petty much any law enforcement officer can approach/talk to anyone as long as its voluntary and no detainment/search/seizure happens.
Edit: Just as an example, Ross could have seen the vehicle stopped in the road, and decided to see if she needed any assistance. He could have approached the vehicle, and said something like, "Hello ma'am, is everything okay? Do you need any assistance moving your vehicle off the roadway?" If she refused and said no, assuming there is no case for impeding/obstructing, the correct answer would then be, "Okay, I'll have to call this into the local PD, but you're free to go. I can't guarantee what will happen once they arrive though"
This is assuming we ever had a functioning DOJ.
Border patrol has jurisdiction within 200 miles of the border or any point of entry including airports and ports. So if they're operating within 200 miles of the Minneapolis airport, they do have the legal authority to detain citizens. It's BS, but that fact has stood up in courts for a long time.