The Esau McCaulley Podcast The ICE Shooting in Minneapolis
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Jan 9, 2026 Malcolm Foley, a special advisor at Baylor known for his nonviolence perspectives, and Justin Giboney, president of the AND Campaign with a focus on moral responsibility, delve into the tragic ICE shooting in Minneapolis. They discuss the legal nuances surrounding ICE enforcement and the ethical implications of state power. The guests critique ICE's culture and recruitment tactics, highlighting the dangers of violence-oriented hires. They emphasize the importance of nonviolence, personal accountability, and the need for a measured response to such complex incidents.
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Legal Limits On Shooting Moving Vehicles
- DOJ guidance limits shooting at moving vehicles unless the vehicle poses an imminent deadly threat and no other defense exists.
- Barnes v. Felix requires judging an officer's split-second fear within the broader context of whether they put themselves in that danger.
Comply To Reduce Escalation Risk
- When interacting with ICE or law enforcement, comply with lawful orders to reduce escalation risk.
- Filming from a distance is usually protected by the First Amendment, but physically impeding agents can lead to obstruction charges.
Context Matters For Split-Second Force
- The Supreme Court in Barnes v. Felix factors in whether an officer placed themselves in the dangerous situation before using deadly force.
- That context can negate a purely instinctive fear defense in civil or criminal review.
