Gov. Gavin Newsom and California Attorney General Rob Bonta on Tuesday reminded state and local law enforcement agencies to investigate potential crimes committed by federal agents.
According to the Governor’s Office, the announcement came amid the federal government’s refusal to cooperate with state and local investigations of two recent shooting deaths in Minnesota involving federal officers.
Federal and state law enforcement have traditionally collaborated on investigations that result in both federal and state criminal charges, with a presumption that neither law enforcement agency will obstruct the other’s investigations or thwart the objective pursuit of justice, state officials said.
But the federal government’s response to the recent deaths of Renee Good and Alex Pretti in Minneapolis, and the federal government’s conduct in other recent cases, make clear that the Trump administration not only will not investigate such incidents but will attempt to thwart other agencies from doing so, according to Newsom and Bonta. The California Department of Justice is prepared to support state and local law enforcement officers “to assert their rights to access potential crime scenes and evidence relevant to an active investigation of potential state law crimes,” including petitioning state and federal courts for “immediate emergency injunctive relief,” as was the case in Minnesota.
“Trump Administration officials have repeatedly lied to the American people. Given what has happened in Minnesota, we cannot outsource our fundamental duty to protect Californians by simply accepting federal narratives,” Newsom said in a statement. “Especially when a fatal shooting occurs, no one should be allowed to rush in, seize evidence, and control the narrative before state and local law enforcement have lawful access. Concerns that the federal government was doing exactly that in obstructing Minnesota state and local law enforcement investigations into the tragic killing of a 37-year old VA nurse prompted a Trump-appointed judge to order the Trump Administration not to destroy evidence relevant to the investigation.”
The governor aded that California “local and state law enforcement are the front line for ensuring due process and public trust. Every state and local agency must remember its role, exercise its full authority, and always ensure the protection of the people of this state. Transparency isn’t a talking point; it’s a legal and moral requirement.”
Bonta noted his agency’s preparation to develop criminal cases against federal agents.
“California stands ready to take all necessary steps to investigate potentially unlawful conduct by federal agents that occurs on our soil, and where the facts warrant, file charges for violations of the California Penal Code,” Bonta said in a statement. “Let there be no question: State and local law enforcement in California have authority to investigate potential violations of state law, even when those violations are committed by federal agents.”
The attorney general referenced the now challenged tradition of collaborative legal work.
“Federal courts have long recognized that federal agents do not have absolute immunity from state law prosecution,” Bonta said. “Any assertions to the contrary are untrue — and deeply damaging to public trust and the integrity of our justice system. While federal and state law enforcement have long collaborated on investigations that result in both federal and state criminal charges, unfortunately, as recent events in Minnesota have made clear, cooperation in the conduct of such investigations can no longer be expected from the federal government. This reality does not change our responsibility to conduct a thorough, independent investigation of potential state law crimes, and I promise that my office will do just that.”
The White House did not immediately respond to a request for comment.
On New Year’s Eve, 43-year-old Keith Porter was shot and killed in the San Fernando Valley by a federal immigration agent.
State officials said local law enforcement agencies should contact the state DOJ’s Division of Law Enforcement for assistance in accessing potential crime scenes and evidence relevant to an active investigation, including asking the state and federal courts for “immediate emergency injunctive relief.” State residents were urged to report incidents of federal agent misconduct to the California Department of Justice’s portal at oag.ca.gov/reportmisconduct.
According to Tuesday’s bulletin from the state’s top officials, the state and local law enforcement were advised:
- “States have primary authority to investigate and prosecute violations of state criminal law, even by federal agents.
- “California law enforcement agencies may independently investigate such incidents and are not required to defer to federal authorities.
- “The California Department of Justice is available to assist and can seek court orders to secure evidence.”
Last week, Bonta led an amicus brief in support of Minnesota’s lawsuit challenging the Trump Administration’s deployment of federal agents to the Twin Cities area of Minneapolis and Saint Paul. Previously Bonta led a coalition in filing an amicus brief opposing unlawful immigration stops in the state’s Central Valley and led a multistate coalition in seeking a temporary restraining order to stop ICE and CBP from engaging in unlawful practices in Los Angeles.
In December, Trump administration attorneys abandoned opposition to federal court rulings that ended the federalization and deployment of California National Guard troops in and around Los Angeles.
A crackdown on illegal immigration has occurred in Southern California since June, prompting widespread and at times violent protests in addition to creating an atmosphere of fear and uncertainty throughout immigrant communities.
