The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Open Thread
What’s on your mind?
Editor's Note: We invite comments and request that they be civil and on-topic. We do not moderate or assume any responsibility for comments, which are owned by the readers who post them. Comments do not represent the views of Reason.com or Reason Foundation. We reserve the right to delete any comment for any reason at any time. Comments may only be edited within 5 minutes of posting. Report abuses.
Please to post comments
The New York Times reports:
Nine progressive prosecutors from cities around the country are launching a coalition to assist in prosecuting federal law enforcement officers who violate state laws, one of the prosecutors, Larry Krasner in Philadelphia, said on Tuesday.
The organization, which is called the Project for the Fight Against Federal Overreach, will also include Mary Moriarty, the elected prosecutor in Minneapolis. Its acronym, F.A.F.O., references a slang term for negative consequences, and its formation was spurred by “growing concerns about warrantless entries, unlawful detentions, and coercive enforcement tactics by federal agents,” according to a news release.
The handling of potentially criminal actions by federal agents has become a major issue in Minneapolis after two protesters, both U.S. citizens, were killed there this month by Department of Homeland Security officers.
The Federal Bureau of Investigation said it would not investigate the first killing, of Renee Good, a 37-year-old mother of three. She was killed in her S.U.V. on Jan. 7 as she appeared to be steering away from federal agents during a tense confrontation. Trump administration officials said that the officer who shot Ms. Good had been under attack and was acting in self-defense, and state investigators have been blocked from accessing evidence related to the episode.
After a second resident was killed — Alex Pretti, a Veteran Affairs nurse who was also 37 — federal officials initially appeared to use the same playbook. They blocked state investigators from the scene and declined to provide basic facts, like the identity of the agents involved. In both instances, bystander video contradicted key elements of the Trump administration’s account of what happened.
https://www.nytimes.com/2026/01/27/us/prosecutors-charges-against-federal-agents.html
For a version which (I hope, although I don't know) is not paywalled, see here: https://archive.ph/20260127235817/https://www.nytimes.com/2026/01/27/us/prosecutors-charges-against-federal-agents.html
That is encouraging. The fatal shooting of Alex Pretti presents at least probable cause that at least one as-yet-unidentified ICE agent committed premeditated and intentional murder of the decedent, whom he had disarmed.
The shooting of Renee Good by Jonathan Ross presents probable cause for at least manslaughter in the first degree in violation of Minnesota statutes § 609.20(1). https://www.revisor.mn.gov/statutes/cite/609.20
It's the lack of investigation that vexes me the most. If there's ANY doubt about what exactly happened in an incident, an investigation should be the default. Not something that has to be forced into being through political pressure.
Not even allowing one makes the whole thing look so, so sketchy. If you want people to trust law enforcement, maybe don't treat them as if they're above reproach? They're people, and people make dumb mistakes.
The applicable Minnesota statute regarding use of deadly force by a peace officer is here: https://www.revisor.mn.gov/statutes/cite/609.066
There can be no question that each fatal shooting constitutes "deadly force" per subdivision 1: "The intentional discharge of a firearm, other than a firearm loaded with less lethal munitions and used by a peace officer within the scope of official duties, in the direction of another person, or at a vehicle in which another person is believed to be, constitutes deadly force.
Subdivision 2 provides:
Disputes such as the instant killings are one reason that we build courthouses and empanel juries. Let's hope that twelve men and women of Hennepin County, good and true, will have an opportunity to sort out whether the prosecution can prove the criminal culpability of ICE agents beyond a reasonable doubt.
Quick question.
It's been reported that Pretti tangled with ICE a week prior and broke a rib.
Does this suggest anything as to why he brought a weapon with two mags to the fateful encounter?
Like intent?
Was he arrested during that incident?
Detained and released. CNN reports he claimed he thought he was going to die.
What a drama queen. But yes, that would explain (but not justify) why he packed heat when he went looking for a fight with them.
You can’t separate these American Renaissance comrades.
His Heart arrested
This is like what would happen when Frank’s mom saw the Atlanta Hawk’s B team.
Give it a rest, fucktard.
Lex is on record here saying he saw him pull his gun on ICE. Guy lies, like all good fascists. Mikie Q holds his seat at their AR conferences.
Sure thing, buddy. I'm lying about a report from CNN.
Why do I even respond to stupid grey boxes??
You lied, you know it, it’s on record here.
Lying fascist scum.
LOL, now you know how to read minds and see what I saw when I watched a video clip.
Next time you read my mind can you find my guide on how to use toilet paper? That would be a useful outcome of your ESP.
Reading your mind is like a board book.
You got caught lying.
It's been reported that Pretti tangled with ICE a week prior and broke a rib.
Does this suggest anything as to why he brought a weapon with two mags to the fateful encounter?
Is there any indication that that was known to, or in the alternative, mistakenly believed to be true by, the shooter(s)? (That is not a rhetorical question. I don't know whether the underlying assertion is or is not correct or was believed by the shooter(s) to be correct.) If so, and if the accused agent(s) adduced evidence of self-defense, it could be admissible (with a limiting instruction) on the issue of who was the initial aggressor.
Rule 404(a)(2) of the Minnesota Rules of Evidence provides:
(2) Character of victim. Evidence of a pertinent trait of character of the victim of the crime offered by an accused, or by the prosecution to rebut the same, or evidence of a character trait of peacefulness of the victim offered by the prosecution in a homicide case to rebut evidence that the victim was the first aggressor.
https://www.revisor.mn.gov/court_rules/ev/id/404/
It would be tricky (but not impossible) for the accused to adduce evidence of his knowledge without testifying himself. For example, of someone told the accused shooter before the fatal incident that this decedent had sustained that injury, the accused could call the declarant to testify that he had relayed that information to the accused as bearing on the accused's state of mind at the time of the incident. Keep in mind that the hearsay declaration would not be admissible to show that the injury had in fact occurred, but only for the effect, if any, that the accused's receipt of the information would have had upon his state of mind. The jurors should be instructed to that effect.
I wasnt thinking of ICE, I was thinking about Pretti's state of mind as to why he armed himself and then set about to confront ICE again, but this time armed with extra mags.
"I wasnt [sic] thinking of ICE, I was thinking about Pretti's state of mind."
Which is not relevant to whether the shooter did or did not commit some degree of homicide.
.
Do you think it's relevant to the question I asked? Prettis intent for being armed while obstructing LEO?
That was kinda why I asked the question I asked. I didn't ask the question you answered.
People have a right to legally carry a firearm even around the federal agents whose boots you so gladly lick.
"Do you think it's relevant to the question I asked? Prettis [sic] intent for being armed while obstructing LEO?"
No, I don't think so at all. If anyone digs up Alex Pretti and charges him with "being armed while obstructing LEO", that may become relevant.
Good luck there with effecting service of the arrest warrant.
I know LexAquila is fishy. I know he is in a barrel.
What do you mean, I shouldn't shoot him?
Do you believe Pretti's previous incident, his being armed with plausible intent for revenge, his planning and premeditation to obstruct law enforcement, his obstructing law enforcement while armed has any relevance to the facts of this case?
Or it totally irrelevant? Draw on all of your experience as a lawyer and your understanding of law and tell me how a prosecutor might use these facts?
You have Michael Byrd neglect syndrome.
This is what Frank’s mom experienced when her “special man friend” was late to the house.
Really? "Yo Mama" jokes at 5am?
I'll play
"Queenie's Mama so fat her boyfriend has to roll her around in flour to find her (redacted)!"
One of those "Hopefully both sides can lose" cases; The feds are absolutely being abusive at times, but the state got involved in a criminal conspiracy to obstruct enforcement of a federal law.
Realizing that latter could be proven is probably why Walz had his sudden change of heart about police protection for ICE.
Or maybe I wrong him, and he finally realized that the way to prevent more Goods and Prettis is to stop the attacks on ICE.
How are states being obstructive?
Failing to honor ICE detainers? Failure to prevent "demonstrators" from physically interfering with federal agents enforcing immigration law?
State officials are admins for that Signal channel that's organizing the anti-ICE riots and other obstruction.
-Newsmax.
-Quoting fucking GATEWAY PUNDIT. Who I believe has taken some vow to never publish a true thing.
-Citing a random dude who claims "I have infiltrated organizational signal groups all around Minneapolis with the sole intention of tracking down federal agents and impeding/assaulting/and obstructing them. Each area of the city has a signal or several signals."
What a ridiculous source to believe.
You cannot deny Signalgate.
You are trying.
But the cat is out of the bag.
Arrest that state, officer!! Brett Bellmore himself said so!!
Yeah, you don't want to take this seriously, I guess because you approve of the obstruction.
No, Brett, I don't at all approve of the occupation of the church and disruption of the worship service.
Anyone who doubts that we act confronted with an insurrection that the government needs to use deadly force to suppress need only read the above.
I would say take these persecutors out of the wood and shoot them, except that bullets do damage to trees
The affidavit the magistrate and district judge saw an account of the activists where they created a physical barrier between the congregants and the children, while they screamed at the children. One victim fell while fleeing and was injured. Others were physically obstructed from leaving. They physically cornered the pastor.
https://www.scribd.com/document/986502474/FBI-affidavit-in-suport-of-arrest-warrant
Page 18, #46
The Democrat magistrate ignored this. The Democrat district judge ignored this. The Democrat commenters here ignore this.
Thank you for the affidavit, LexAquila.
A ctrl-F search for "Pretti" shows that the decedent's name appears nowhere therein. (That is not to say that the name has not beem redacted.)
What is your factual basis for asserting that Alex Pretti was injured in the manner that you describe?
Is there any evidence that the affiant, DHS agent Timothy Gerber, or any other person communicated such information to any shooter(s) of Alex Pretti?
This is in reference to the Don Lemon church affair, not Pretti.
It wasn't a reply to your comment on Pretti.
Man, you really don't want to confront what they were doing at that church, do you?
It's an open thread, and Lex's comment was at the top level, so HE gets to pick what he talks about, and it obviously wasn't Pretti.
I have repeatedly addressed (on prior threads) what allegedly "they were doing at that church," Brett. Although I haven't done a deep dive into state law, it may well have violated various state laws prohibiting misdemeanors. Minnesota Statutes §§ 609.605, subdivision 1, subsection (b)(3) (criminal trespass), 509.72 (disorderly conduct), and possibly 609.28 (interference with religious observance) would appear to be relevant.
While my previous comments were made without benefit of the affidavit supporting the criminal complaint, nothing recited therein now changes my assessment of the legalities after having reviewed the factual averments. The affidavit does not support the pending federal charge of conspiracy against clearly established federal rights in violation of 18 § 241.
I don't support or defend what happened, It was a dick move, and was likely unpersuasive and counterproductive. What it was not was a federal crime.
It's not a crime to agitate inside a worship service and physically block parents from accessing their children, or even from fleeing?
Watch Ohmsr give her alleged assaulter the "go ahead" nod.
https://x.com/i/status/2016369576888431039
Is this sort of hoax fraud and a crime?
Its faker than a government school diploma and gayer than a government school preK teacher.
Juicy Smollett wanna be?
...and in redistricting news;
A judge in Virginia has held the the Democrat redistricting plan violates the Virginia constitution.
https://www.washingtonpost.com/dc-md-va/2026/01/27/virginia-redistricting-court-ruling/
This?
Paywalled.
This:
https://www.dailysignal.com/2026/01/27/breaking-court-blocks-virginia-democrat-redistricting-plan/
HOF voters beclown themselves to not include Belichek in first round of voting.
Wonder if the subject of Tampon-Tim's future Pardon came up?
Illian Omar’s purported attack stinks to high heaven, and I will call it when it is right now: FALSE FLAG and a hoax!
First and foremost, why do we not know the name of the person who did it? Why have we not heard his bio? What are they hiding?
Second, that has got to be the lamest attack on someone I’ve ever seen. And squirt someone with a syringe? Really?
Third, do you really honestly believe that she would have had someone sitting in the front row that handmaid vetted that her people didn’t know? Really now…. No
No, this is something that was done by a supporter. Maybe coordinated with her people maybe not but this is the type of thing that’s done to get her sympathy particularly when she’s a target of legitimate criminal prosecution.
Anyone notice how Governor Tampon started singing a very different song as soon as the signal scandal broke?
I’m not gonna quote the federal conspiracy laws, but I know that such things exist, and when the conspiracy results in death, the consequences of being involved can be serious.
"I’m not gonna quote the federal conspiracy laws, but I know that such things exist, and when the conspiracy results in death, the consequences of being involved can be serious."
Dr. Ed 2, is that because I pinned your ears back yesterday with questions that you dared not answer?
A conspiracy is a partnership in crime. It has ingredients, as well as implications, distinct from the completion of the unlawful project. Pinkerton v. United States, 328 U.S. 640, 664 (1946). Mere knowledge of an illegal act or association with an individual engaged in illegal conduct is not enough to prove a person has joined a conspiracy. United States v. Raymond, 793 F.2d 928, 932 (8th Cir. 1986). The defendants need not have knowledge of every detail or part of a conspiracy as long as the evidence overall shows that the defendants agreed to the essential nature of the conspiracy. Blumenthal v. United States, 332 U.S. 539, 557 (1947).
"A conspirator must intend to further an endeavor which, if completed, would satisfy all of the elements of a substantive criminal offense." Salinas v. United States, 522 U.S. 52, 65 (1997). Agreement among the coconspirators to commit an unlawful act is the essence of the crime. Iannelli v. United States, 420 U.S. 770, 777 (1975).
What federal statute criminalizes the agreement(s) that you posit? What is the objective of the conspiracy? What federal statute(s), if any, criminalize the target offense?
Who are the conspirators? When did the conspiracy begin? Did any other conspirator(s) subsequently join the conspiracy? If so, when? What are the manner and means by which the conspiratorial objective was to be accomplished?
If you are referring to 18 U.S.C. § 241, How did death result from the acts committed in violation of that section? Who died? What was the manner and cause of death? Who inflicted the fatal injury?
One of the many things I love about "45/47/(48?)"
First Politician that I recall saying "Bullshit" and the "F-word"(and it's brother in arms, the "Mother-F-word") in Pubic, and not like Romeney or Jeb(!) would have, fake and to get a Soundbite(remember Sleepy Joe's "Off Mike" comment that Obamacare was a "Big Fucking Deal!"(typical Joe, got the last word wrong)
Now it doesn't even get a notice when Amy Klobuchar, Gavin New-Scum, Ill-hand Omar drops an F-Bomb,
My favorite one, some Rally in 2016, local Repubiclown Chairman trying to get in the way of the Camera
"This fucking guy.............."
Frank