Dershowitz: Pretti Case Could Land in Federal Court
Legal fallout from the deadly shooting involving federal law enforcement officers in Minneapolis could ultimately be handled in federal court, regardless of whether charges are initially brought by state authorities, according to Alan Dershowitz.
Speaking Sunday on Newsmax’s “Sunday Report,” the Harvard Law School professor emeritus explained that state officials are permitted to investigate and even prosecute such cases, but defendants who are federal agents have a key procedural option. “The state has the power to investigate, and they could actually prosecute even if the federal government doesn’t want to,” Dershowitz said. “But then the defendant can remove the case from state court to federal court, where the case would have to be tried.”
Dershowitz added that federal officers have the right to seek removal of a case from state jurisdiction, pointing to President Donald Trump’s own attempt to move his New York case into federal court. “If you’re a federal agent, you can remove your case from state court and have it tried in federal court,” he said, noting that Trump’s request to do so remains unresolved.
Former Sen. Rick Santorum, now a senior political analyst for Newsmax, also weighed in, placing blame on Minnesota officials for what he described as poor coordination with federal authorities. He argued that local law enforcement should have been responsible for managing crowds and ensuring the safety of federal agents on the scene.
“They have not cooperated at all in doing what local police generally do, which is provide a protection, a shield of protection around federal agents doing their job,” Santorum said.
Santorum emphasized that joint planning between different levels of government is standard practice and said federal officers should not be tasked with managing volatile crowds. “There’s usually coordination between the state and the municipality and the federal government,” he said. “ICE agents and Border patrol agents should not be doing crowd control.
“That’s just not what they do. That’s the job of the local police.”
He argued that the lack of cooperation worsened the situation and said local leaders should have taken steps to calm tensions rather than allow them to escalate.
Later in the discussion, Santorum said immigration enforcement had once been less politically charged, accusing Democrats of exploiting the current situation for political gain. “It’s unfortunate because you go back to the Obama administration, to all the Clinton administration, you know, border enforcement and arresting and deporting illegal immigrants was something that was not a partisan issue,” he said.
Dershowitz returned to the legal framework governing federal authority, stressing that federal agents have a constitutional right to operate anywhere in the country and criticizing resistance from state officials. “The Constitution is the Constitution, and federal officials are allowed to come into any state to enforce federal law,” he said.
{Matzav.com}
