California AG Issues Guidance Affirming State Authority to Investigate Federal Agent Shootings

Press release from the Office of Attorney General Rob Bonta:

In light of the federal government’s refusal to cooperate with state and local investigations of the two recent federal officer-involved shooting deaths in Minnesota, California Attorney General Rob Bonta, in coordination with Governor Gavin Newsom, [on Tuesday] issued guidance reminding state and local law enforcement of their concurrent jurisdiction to investigate potential state law crimes committed by federal agents. Federal and state law enforcement have long 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.

However, the federal government’s response to the recent tragic deaths of Renee Good and Alex Pretti in Minnesota, and the federal government’s conduct in other recent cases, make clear that this administration not only will not investigate such incidents but will attempt to thwart other agencies from doing so. The California Department of Justice is prepared to support state and local law enforcement to assert their rights to access potential crime scenes and evidence relevant to an active investigation of potential state law crimes, including recourse to the state and federal courts as needed to request immediate emergency injunctive relief, as in Minnesota.

“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,” said Attorney General Rob Bonta. “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. Federal courts have long recognized that federal agents do not have absolute immunity from state law prosecution. 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.”

“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,” said Governor Gavin Newsom. “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. Our 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.”

California stands ready to take all necessary steps to investigate potentially unlawful conduct by federal agents that occurs on state soil, and where the facts warrant, file charges for violations of the California Penal Code. Local law enforcement agencies are encouraged to contact the California Department of Justice’s Division of Law Enforcement for assistance in accessing potential crime scenes and evidence relevant to an active investigation, including recourse to the state and federal courts as needed to request immediate emergency injunctive relief. Californians are encouraged to report incidents of federal agent misconduct to the California Department of Justice’s portal at http://oag.ca.gov/reportmisconduct.

In the guidance, the California Department of Justice advises state and local law enforcement:

• 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.

Attorney General Bonta and Governor Newsom are committed to fighting the Trump Administration’s unlawful militarized tactics and upholding public safety and the integrity of our justice system. Last week, Attorney General Bonta led an amicus brief in support of Minnesota’s lawsuit challenging the Trump Administration’s extraordinary campaign of lawlessness during its deployment of federal agents to the Twin Cities area of Minneapolis and Saint Paul. The Attorney General previously led a coalition in filing an amicus brief opposing unlawful immigration stops in the 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. Attorney General Bonta and Governor Newsom also recently secured a decision by the U.S. District Court for the Northern District of California ending the continued federalization and deployment of California National Guard troops in and around Los Angeles.