4. state criminal law). But, the defendant can immediately appeal a denial of his motion to dismiss to the federal appeals court. And, if he loses there, can seek review by the SCOTUS.
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3. defendant met his burden of establishing Supremacy Clause immunity, the state criminal prosecution is dismissed. If the federal judge finds that the defendant didn't establish Supremacy Clause immunity, dismissal is denied and the case proceeds to trial (most likely in the federal court applying
2. than makes a motion to dismiss the state criminal case on the ground of Supremacy Clause immunity -- i.e., that at the time of charged crime he was carrying out an authorized federal "duty" and did no more than what was "necessary" & "proper" to carry out that duty. If the judge finds that the
1. After federal officer charged with state crime and makes first court appearance, he removes the prosecution to federal court in that state. The federal judge decides, among other things, if the defendant has a colorable federal defense, such as Supremacy Clause immunity. If he does, the defendant
#61243 is 100% correct: No excuses @hennepinatty.bsky.social Justice delayed ...
What say you @harrylitman.bsky.social
My bet: He's fired (or resigns) before Election Day.
No. A POTUS can't pardon state crimes.
State criminal conduct not "necessary" or "proper" to performing any specific federal "duty" can be prosecuted -- no Supremacy Clause immunity. No federal law "preempts" the state criminal charges. Killers of Good & Pretti on are borrowed time. Justice is coming.
ICE agent charged after allegedly pointing gun at civilians in Minnesota www.nbcnews.com/news/us-news...
First ICE officer charged with assault for threatening people with a gun in Minnesota minnesotareformer.com/2026/04/16/f...
@harrylitman.bsky.social want to weigh in on this significant development?
2. or "proper" to carry out any specific federal "duty." And, therefore, no immunity from state criminal prosecution. Or, stated differently (as Justice Gorsuch recently intimated in Martin), the state criminal prosecution isn't "preempted" by any federal law.
1. As @stevevladeck.bsky.social states: The road to justice for federal agents who commit state crimes is on the tracks. IMO, great call by the @hennepinatty.bsky.social
Criminal conduct of Morgan, like the murderous conduct of the killers of Renee Good & Alex Pretti, wasn't "necessary"
"If attacks against Iran (by Israel and US?) are halted ... "
"immediately" in two weeks. FN Moron. Only thing worse, any FN Moron who still supports this 🤡.
@frank-bowman.bsky.social nails it. I've witnessed it first hand. Obscure, ineffective, third-tier, prosecutors jumping to the head of the pack when leadership in the office changes hands. No morals. No ethics. No qualifications. Willing to do anything to be in a position of power.
Trump doesn't care if any of his actions are "war crimes" because he knows that there's no chance of him ever having to face justice for any such acts. Not under US law or International Law.
Has anyone in the Trump administration faced any punishment, penalty, or meaningful consequences for having blatantly violated any of the 300 court orders? Anything at all? What, if anything, have any of the judges done to address this egregious, contemptuous, conduct?
Trump used the Presidential Records Act to defend himself against charges alleging that he stole classified documents.
Now his Justice Department—which is currently being run by his former criminal defense lawyer—says the PRA is unconstitutional.
Care to cite a few examples of Trump loses that weren't appealed? And describe how, by not appealing, Trump turns a loss into a victory, albeit before a different court?
Will do! Bring all of my legal screw-ups to my attention promptly. Keeps the mind focused and sharp -- like yours! Be well.
@periodictweet.bsky.social where have you been? Been missing your insightful legal analysis and pointed research.
Yes @stevevladeck.bsky.social that's my bet: 7-2 guaranteed. 9-0 in the running IMO. Why 8-1? Thomas or Alito?
My bet: Trump gets blown out 7-2 or 9-0.
Keep Hope Alive that one day, Trump will have to face (civil, although not criminal) consequences of his having incited the insurrection on January 6.
It's been 40 years. It only took 7 the first time. So, will 2026 follow in the footsteps of '86 & '69?
If you want a deeper dive, read my pinned thread on X.
Unprecedented lawsuit (and, hopefully, at some point, jury verdicts of guilty as charged) by @hennepinatty.bsky.social
Hopefully, after the killers of Good & Pretti are charged and the case is removed to MN federal court, the @icapgeorgetown.bsky.social will work with the @keithellison.bsky.social & @hennepinatty.bsky.social in defeating a Neagle claim by the defendants. No federal preemption (see Martin).