By John Q. Hosedrinker 
District Judge Jack Zouhary’s ruling in the Files case established that immunity for federal officers only covers actions “necessary and proper” for their duties, not personal disputes. This raises questions about the scope of federal agents’ authority, particularly in immigration operations. While cities and states can’t prevent federal arrests, actions like tear-gassing protesters or warrantless home entries may fall outside the bounds of necessary and proper conduct. Despite the theoretical potential for prosecution, the practical application is complex, involving potential conflicts with federal agencies and legal challenges in order to test this theory.
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Prosecuting ICE’s Goons Will Be Hard—but Not Impossible
It’s clear, isn’t it? The thought of holding ICE agents accountable for potential abuses of power stirs a mix of emotions, from frustration to a flicker of hope. Some people seem to dismiss it as a legal impossibility, a mythical creature. But let’s be clear, prosecuting federal actors *can* happen. It’s just an uphill climb, not a fantasy. The legal terrain is heavily tilted in their favor, that’s true. Local prosecutors often have strong ties with DHS, creating a stacked deck. Yet, history has shown us that convictions are possible when the facts are undeniably there.
Consider the blatant battery incidents, the armed robberies, the assaults caught on camera. These aren’t abstract concepts; they are concrete actions that deserve consequences. Why should these individuals be shielded from the same justice system that applies to everyone else? It’s important to remember that they are human and not some kind of elite force. Their arrogance and overconfidence could work against them, and make it easier to gather evidence to convict them.
The political realities, unfortunately, cast a long shadow. The specter of pardons looms large. Any Trump crony might already have an unsigned pardon waiting for them, an insurance policy against accountability. It’s a cynical game, but it’s a game nonetheless. This creates a culture of impunity, where agents may feel emboldened to act with little fear of repercussions. This fear is why people like Bongino may be hesitant to speak out against Trump. They could face the wrath of a corrupt DOJ and a lack of a pardon.
We have to recognize the challenges ahead. The legal system itself often favors federal officers, creating a labyrinth of obstacles. But these are not insurmountable walls. It’s imperative that we start documenting wrongdoing. Their lies and falsifications should not be permitted to win the day.
The task ahead demands a multi-pronged strategy. First, the identification of the actors is crucial. Unmasking the faces behind the badges is essential. Second, there needs to be a rigorous investigation of their financial records. Who received checks, and when? Where did the money go? This could unveil a network of complicity.
Let’s address the elephant in the room: the potential for a lack of political will. The next administration might shy away from the hard choices, opting for unity and healing instead. The temptation to let bygones be bygones is strong, but true justice requires facing the difficult truths. Don’t fall into the trap of thinking that this will be “too difficult” to hold white men accountable.
There are already plenty of people who are committed to prosecuting ICE agents and anyone else involved in these kinds of actions. Ignoring due process for those who themselves ignored the constitution for their own gain is essential. While it may seem like a fantasy, it is not. With enough data, it is a straightforward process.
It is easy to say this is impossible but don’t count it out just yet. There is a sense of despair from some, a feeling that justice is an unattainable dream. It’s natural to feel that way given what has happened in the past. If the political winds shift, and those with the power to act find the courage to do so, accountability is within reach.
Of course, the challenges are significant. The legal system itself may protect federal officers. But if a clear path emerges, it could spread quickly.