Amicus With Dahlia Lithwick | Law, justice, and the courts Renee Good and Trump’s Age of Immunity
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Jan 10, 2026 
Brian Finucane, a senior advisor at the International Crisis Group and former legal advisor at the U.S. State Department, joins to discuss the troubling intersection of Trump's foreign policy and domestic lawlessness. They analyze the implications of unchecked presidential power and the lawfulness of military actions in Venezuela. Finucane emphasizes the importance of international legal constraints, while highlighting the potential dangers of labeling groups as enemies—linking this rhetoric to risks in both foreign and domestic realms.
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State Power To Prosecute Federal Agents
- Federal officers do not have absolute immunity for unlawful actions and can face state charges when acting outside authorized duties.
- State prosecutors can try such cases in federal court if the defendant removes venue, preserving the ability to seek accountability.
Federal Obstruction Can Hinder Local Probes
- The FBI and DHS can obstruct state investigations by restricting scene access and evidence, complicating prosecutions.
- Local prosecutors like Hennepin County's Mary Moriarty can still pursue charges despite federal stonewalling.
Immunity Claims Threaten Rule Of Law
- The administration claims near-total executive power, treating laws as barriers to be ignored when politically inconvenient.
- Granting such immunity risks transforming legal rules into instruments of authoritarian power.
