Do federal officials enjoy absolute immunity from state criminal prosecution?
In this episode, former prosecutor Arthur Busch dismantles the myth of “absolute immunity” for federal agents and explains how state and county prosecutors can and sometimes must bring criminal charges against ICE officers involved in fatal shootings. The episode walks through the Supremacy Clause test, the federal officer removal process, and why state convictions cannot be erased by presidential pardon.
Busch uses the Minneapolis ICE shooting and the state prosecution of Derek Chauvin as reference points along with recent statements from Michigan officials and the legal precedent set by the George Floyd prosecution. This episode clarifies where criminal authority actually lives in America—and why the Constitution does not place federal agents above state law.
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