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? ;-)
“Doesn’t that break down when they know that what they are doing is illegal?”
Again, the federal government is a separate sovereign from the state government. The federal government does have power to conduct law enforcement operations free and independently from state purview when it involves the direct carrying out and enforcement of federal law. It would be no different than the feds doing an undercover drug operation. Federal agents when performing their duties are only accountable to their department or the federal judiciary and not any state government or state courts. For example, a state supreme court cannot order a federal law enforcement agency on anything. It should be noted that “supremacy clause immunity’ only applies to actual carrying out of federal job duties and that in a narrow scope.
“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?”
As a federal officeholder cabinet position the AG is only checked by the federal government and not any state government. A state can in theory detain a person for a federal crime but remember that only the federal government can actually prosecute the federal crime. Federal crimes cannot be prosecuted in any state court system. Only US attorneys can prosecute federal crimes and not local district attorneys or the state attorney general. Also, only the US attorney can conduct a federal grand jury and not a local DA or state attorney general.
“Can we except capital crimes? ;-)”
It is complex because again a federal official does have “supremacy clause immunity” and whose policy decisions cannot be weighed or tried in a state level court. A federal official is not accountable to a state level court as far as policy decisions in carrying out federal law. Even if the state could hypothetically prove a capital intent for any federal office holder in the performance of their duties that would be reasonably be out of “supremacy clause immunity” protection then it is an uphill battle. When the state charge is moved to a federal court then it is unlikely that the federal judiciary is going to make it favorable for a state charge prosecution because the federal government is not going to want to set precedent by allowing its agents to be subject to the state. Therefore, charges would likely be tossed.