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FBaggins

(28,644 posts)
15. It's actually neither in this case
Fri Jan 9, 2026, 01:08 PM
Friday

Qualified immunity protects an officer from a civil lawsuit but not criminal charges. It likely applies in this case, but isn't releated to the "absolute" argument.

"Absolute" immunity applies to government officials (judges/legislators/presidents) and isn't really "absolute" in the normal sense of the word... but either way I haven't seen it applied to law enforcement until now.

The immunity involved here is more commonly called "Supremacy Clause Immunity" - which protects federal officers from state prosecution for charges involving enforcing federal law. So, for instance, a federal marshall can't be charged with speeding by a state if he's chasing a suspect down the highway. It likely does apply here - but only protects the ICE officer from state prosecution... he isn't immune from federal prosecution.

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3 members have recommended this reply (displayed in chronological order):

Vance is not the final word on this question. Nt Fiendish Thingy Thursday #1
You're right... but it's interesting to see how they reveal thier real agenda. mikelewis Thursday #2
We don't even know why ICE goons were in that peaceful residential neighborhood FakeNoose Thursday #3
There was a school a block away, I read GusBob Thursday #14
Federal law is clear. Law Enforcement agents have "Qualified" immunity. NOT "absolute" immunity. Wiz Imp Thursday #4
It's actually neither in this case FBaggins Friday #15
"which protects federal officers from state prosecution for charges involving enforcing federal law." Ol Janx Spirit Friday #19
Right - but the question isn't whether shooting was enforcing federal law FBaggins Friday #20
With a car having just passed her, and her trying to wave the truck that the ICE agents that tried to open her door... Ol Janx Spirit Friday #21
What's "unprecedented", you asshole, is declaring that any federal agent has "absolute immunity" AZJonnie Thursday #5
This message was self-deleted by its author mikelewis Thursday #8
Many of Vance's outlandish claims are always couched in jabberwocky. RedWhiteBlueIsRacist Thursday #6
Was that his pet name for it? Scrivener7 Thursday #7
You said "Couched"... mikelewis Thursday #9
so what's his name DoBW Thursday #10
I think the state courts might weigh in on that. viva la Thursday #11
Just listened to some prosecutor being interviewed. There is now law preventing state charges. Swede Thursday #12
That was likely in response to something Miller said FBaggins Friday #17
aka straight up NAZI shit. B.See Thursday #13
Then there is no need for a Fed investigation, right? In any case, they don't have state immunity. themaguffin Friday #16
Well, honestly if they declare it an act of Terrorism... even the FBI is limited by Homeland Security. mikelewis Friday #18
Fuck you, Maybelline Hillbilly. LudwigPastorius Friday #22
They do not iemanja Friday #23
Well... reality doesn't seem to support that... mikelewis Yesterday #24
That's illegal coverup iemanja 23 hrs ago #35
For now. At some point there will be a reckoning Buckeyeblue Yesterday #25
There are more of us than there are of them. CrispyQ Yesterday #26
Our right to live trumps their impulse to kill. C_U_L8R Yesterday #27
They can't be... that's the point. mikelewis Yesterday #28
I would not want a "real terrorist" to be executed on the spot under these circumstances delisen Yesterday #29
Right... I absolutely agree with you... mikelewis Yesterday #32
The problem with letting people be judge and executioner C_U_L8R Yesterday #30
Police have qualified, not absolute, immunity. That has been the USSC standard for years. in2herbs Yesterday #31
Says the Vice president. Iggo Yesterday #33
Maybe Timewas Yesterday #34
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