Consider This from NPR Do federal agents have 'absolute immunity?'
8 snips
Jan 15, 2026 
In this discussion, David Cole, a Georgetown Law professor and former ACLU national legal director, delves into the complex issue of federal agents' immunity. He challenges the notion of 'absolute immunity,' emphasizing that it doesn’t exist for federal agents and conditions of liability. Cole raises concerns about the potential bias in investigations when political pressures are involved. He also discusses survivors' civil remedies and warns about the critical need for transparency in handling police-related incidents to maintain public trust.
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No Absolute Immunity For Federal Agents
- David Cole rejects the idea that federal agents have "absolute immunity."
- He says federal agents can be liable under state law and are not above prosecution for crimes like murder.
Self-Investigation Undermines Trust
- Cole warns a federal self-investigation lacks legitimacy when top officials predeclare innocence.
- He argues such statements undermine public trust in any resulting investigation.
States Can Still Pursue Charges
- States retain the right to investigate and prosecute federal officers for state-law crimes.
- Cole notes officers only get immunity if they prove actions were necessary to their federal function.