South Pas. shirt and hat is impressive representation.
South Pas. shirt and hat is impressive representation.
The federal judge granted the motion. The Imperial County DA did not appeal. If we lost the dismissal motion, it would have been a state court prosecution conducted by the DA in federal court, federal jury, federal rules of evidence (but state law instructions).
The US attorney's office did not help the DA, who had to get a PACER account and file a response to our dismissal motion. (A federal agent is entitled to dismissal if s/he can show their action was "necessary and proper" to carry out their federal duty, even if performed negligently.) /2
A few years back, and HSI special agent on surveillance in an unmarked car near the border in El Centro CA missed a stop sign, hit another car and killing several occupants. The state charged him with manslaughter. We filed a removal motion to federal court, granted over DA's objection. /1
Incorrect. Hegseth's tweet was poorly drafted. The code he invoked provides the officer a "reasonable opportunity to respond regarding the basis for the reopening of the officer's retired grade." 10 USC 1370(f)(4).
25-cv-02942 for those with a PACER account