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Christopher Armitage's avatar

Let me take your claims one at a time because I think some of them hold up better than others.

First, that a federal judge granting immunity is "quite likely." After removal, the judge applies the two-part test from In re Neagle: was the agent authorized to act, and was the conduct necessary and proper, meaning objectively reasonable. Ross clears part one easily. He was a federal agent on an enforcement operation. Part two is where it becomes a genuine fight. Five independent video analyses show the car turning away from Ross before the first shot. He was filming with his phone in one hand. DHS's own policy prohibits shooting at moving vehicles. The Minneapolis police chief called it entirely preventable. Multiple use-of-force experts rejected the shooting. Federal judges do sometimes defer to law enforcement on use-of-force questions, and I won't pretend the current political environment doesn't factor in. But "quite likely" overstates the case. This is a real legal contest with strong evidence on the prosecution's side. The Ninth Circuit reversed immunity on weaker facts in Idaho v. Horiuchi.

Second, that the case "will be dismissed with prejudice." Even if a district judge granted immunity, that ruling is appealable. The Ninth Circuit reversed exactly this kind of dismissal in Horiuchi. I'll acknowledge that Horiuchi is Ninth Circuit, not Eighth, so it's persuasive authority in Minnesota rather than binding. There's genuine uncertainty about how the Eighth Circuit would rule. But a district court dismissal is not the end of the road.

Third, that it "cannot be reopened." This is factually wrong regardless of what happens on the first two claims. If the case is dismissed before trial, jeopardy has not attached. Double jeopardy does not bar a future filing. Minnesota Statute § 628.26(a) eliminates any statute of limitations for crimes resulting in death. A future administration releasing evidence, a different judicial composition, or an appellate reversal all keep the door open.

So yes, immunity is a real risk. I take it seriously, and the prosecution memorandum attached to the article addresses it in detail. But prosecutors don't decline to file cases because the defense might win. They file the strongest case the evidence supports and litigate it. The alternative is what we have right now: 38 days, no charges, and Alex Pretti shot ten times while lying on the ground 17 days later. The cost of inaction is not theoretical. We already know what it looks like.

Ron Bravenec's avatar

Thank you for this, Christopher. I will forward this to Moriarty‘s office. I also plan on calling her office Monday and fiercely castigating her.

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