The Lawfare Podcast Lawfare Daily: Can Minnesota Prosecute ICE Agent Jonathan Ross?
13 snips
Jan 22, 2026 
In this insightful discussion, Carolyn Shapiro, co-director of the Supreme Court Institute, and Bryna Godar, a staff attorney focusing on federalism, dive into Minnesota's investigation of ICE agent Jonathan Ross. They explore state jurisdiction over federal officers and the complexities of Supremacy Clause immunity. The guests highlight potential charges like murder and manslaughter, while discussing significant legal hurdles. With a focus on historical prosecutions and the implications for accountability, they shed light on the balance between state and federal authority.
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State And Federal Dual Sovereignty
- States and the federal government are separate sovereigns, so Minnesota can investigate or prosecute a federal officer.
- Dual prosecutions are legally permissible because each sovereign has distinct interests to protect.
Double Jeopardy Doesn't Block Dual Prosecutions
- Supreme Court precedent allows both state and federal prosecutions for the same conduct without violating double jeopardy.
- This 'separate sovereigns' principle underpins why states can pursue criminal charges independent of federal action.
Multiple State Charges Beyond The Shot
- Minnesota statutes include multiple homicide and failure-to-render-aid offenses that could apply to the shooting.
- Prosecutors may consider whether omissions (preventing aid) increase criminal liability beyond the shooting itself.