Jack Queen
๐ค SpeakerAppearances Over Time
Podcast Appearances
Their ability to prosecute these agents could actually be quite limited in practice.
They do have pretty powerful immunity protections under the law for their actions that are carried out in their capacity as federal agents.
And so that means that basically pretty much anything that they have done under the color of office acting in their capacity as federal agents, they cannot be prosecuted by the state for that.
Basically, what they would need to prove is that these officers violated a clearly established constitutional right that a victim had at the time, and it had to be obvious that they had this right, and it had to be obvious that they would be violating that right.
Now, that all sounds pretty wonky, and it sounds especially strange in the context of someone being fatally shot, but that is the way the law works.
And in many situations like this,
Courts will find that it's not exactly clear that in this particular circumstance, a person had a clearly defined constitutional right that was clearly violated knowingly by a federal agent.
It's not unreasonable to think that if this case was litigated and it played out, that a court would find that the officer was immune for that.
And I think to a lot of people, that would be shocking and unconscionable.
But that is the way that the law tends to work.
And cases like this are extremely rare.
the argument is that these statements harmed his reputation and he suffered all this harm because of it, it can be a little tricky to square that in your head, right, with the fact that, well, he won the election and he's president.
And a lot of reporting suggests that he's making tremendous amounts of money as a private businessman while being president.