The state cannot bring charges against the ATF agents or Holder because they have what is commonly known as ‘Supremacy Clause immunity” from state prosecution as they fulfill their federal duties. The reason this concept works is because the federal government is a separate sovereign from the individual states and the federal government has a lawful right granted by Congress to carry out federal law and function without interference or purview of the individual states. I am not defending the federal government here but only showing the rule of law. Even if a state could specifically prove that a federal agent blatantly broke a state statute in their performance of their federal duties then the federal agent has a right under federal law to have the case moved from state court to federal court. There, the state charge could be dismissed by a federal judge and the state would be legally powerless to do anything about it within their own state system. Lastly, federal office holders such as Holder are not politically accountable to state court systems or you would have chaos with 50 different states trying to charge federal officeholders with various laws.
Doesn't that break down when they know that what they are doing is illegal?
Even if a state could specifically prove that a federal agent blatantly broke a state statute in their performance of their federal duties then the federal agent has a right under federal law to have the case moved from state court to federal court.
This I did not know, yet it effectively lacks a check against a corrupt AG. Are you saying that a State cannot charge anyone with a Federal Crime? Can it be referred to a Federal Grand Jury?
Lastly, federal office holders such as Holder are not politically accountable to state court systems or you would have chaos with 50 different states trying to charge federal officeholders with various laws.
Can we except capital crimes? ;-)
The state cannot bring charges against the ATF agents or Holder because they have what is commonly known as ‘Supremacy Clause immunity” from state prosecution as they fulfill their federal duties. The reason this concept works is because the federal government is a separate sovereign from the individual states and the federal government has a lawful right granted by Congress to carry out federal law and function without interference or purview of the individual states. I am not defending the federal government here but only showing the rule of law. Even if a state could specifically prove that a federal agent blatantly broke a state statute in their performance of their federal duties then the federal agent has a right under federal law to have the case moved from state court to federal court. There, the state charge could be dismissed by a federal judge and the state would be legally powerless to do anything about it within their own state system. Lastly, federal office holders such as Holder are not politically accountable to state court systems or you would have chaos with 50 different states trying to charge federal officeholders with various laws.