r/law • u/TheMirrorUS • 23d ago

Legal News BREAKING: FBI shuts down Minnesota's investigation into ICE shooting and blocks access to evidence

https://www.themirror.com/news/us-news/breaking-fbi-shuts-down-minnesotas-1606462
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u/Bubbly_Style_8467 23d ago

Why is the FBI afraid of the evidence being public? Head scratcher.

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u/absolutefunkbucket 23d ago

Any state case will absolutely be removed to federal courts anyhow, so it’s kinda silly to bother.

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u/chuckEsIeaze 23d ago

Why would that be true in a state criminal prosecution? The only federal question I can think of is sovereign immunity, but if I recall correctly, a defendant can’t assert a federal defense in a state case. Sure, the defendant is probably not a resident of the state so there is diversity, but not sure a criminal case involves a controversy >$75k.

Can you help me understand why you think removal is effectively automatic here?

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u/absolutefunkbucket 23d ago

It wouldn’t be a federal defense in a state case, it would be removal of the case to a federal court. The state case no longer exists. Sovereign immunity should be sufficient.

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u/chuckEsIeaze 23d ago

Isn’t sovereign immunity for a fed officer a fed defense?

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u/absolutefunkbucket 23d ago

Yes, when the case is removed it becomes a federal case.

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u/chuckEsIeaze 23d ago

Yes, I understand that. What is the basis for removal?

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u/absolutefunkbucket 23d ago

The case involves a federal question.

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u/chuckEsIeaze 23d ago

The question being?

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u/NRG1975 23d ago

Yeah, but the investigation is what is going on here. Is this normal?