Comment by ncallaway
21 hours ago
> They'd have to fight the feds for jurisdiction and will unfortunately likely lose that fight.
That’s simply not how the system works. There’s no one assigned entity with “jurisdiction” over a crime.
The state and federal governments are dual sovereigns and each are empowered to enforce their own laws. It doesn’t even violate double jeopardy for the Feds and a state to prosecute the same actions.
The only thing that matters is if the state can obtain enough evidence that they feel they could secure a conviction before a jury of the shooter’s peers.
That's simply not how the system works.
The federal sovereign can usurp the state sovereign's courts jurisdiction and use jurisdiction removal[] to try the state charge in federal court. This is exactly what happened when Lon Horiuchi was charged by a state for killing (sniping) an innocent unarmed mother with a baby in her hands, and part of how he got off free.
Given the feds are always keen to do this when possible, it's not for nothing that they do it.
[] https://en.wikipedia.org/wiki/Removal_jurisdiction
You’re confusing “jurisdictions”. That’s the court’s jurisdiction not the prosecution’s jurisdiction.
Yes, if the State of MN brings a criminal charge against a federal agent, the case will be removed from a State Court to a Federal Court.
But the MN prosecutor will be in the federal court prosecuting the case. The law that will apply to the case will still be MN state law.
It will be a federal judge, and federal court rules about procedure, but MN state law and MN state prosecutors.
No, you didn't understand. Poster claimed they would have to fight the feds for jurisdiction. You argued they didn't. Then I set you straight that they would have to fight for court jurisdiction.
Just parroting back what I've said then simply declaring I don't understand it (despite explicitly acknowledging the state charge would be tried in federal court) just looks terribly misguided when you lied with your smug quip "that's not how it works", when apparently you pretend as if you knew all along jurisdiction was relevant and would be fought over.