California Gov. Newsom, AG Bonta reassert state authority after concerns over federal use of force
Sacramento, California – California officials are reaffirming that state and local police can look into potential crimes committed by federal agents, even if those crimes happened during federal operations. Attorney General Rob Bonta and Governor Gavin Newsom sent out an official bulletin to all police agencies and sheriffs in the state to remind them that federal status does not protect agents from state criminal law.
This comes just after the Sacramento-based newspaper News Sickle Arrow reported that Sacramento Mayor Kevin McCarty said he would work to pass laws that would make the state’s role in overseeing federal immigration officials who use fatal force more apparent and more powerful.
The guidance comes after recent fatalities of federal officers in Minnesota that have prompted national concerns about accountability and openness. In those situations, federal officials refused to help state and local investigators, so the court had to step in to protect the evidence. California authorities said that these instances show how dangerous it is to let federal agencies investigate themselves, especially when deadly force is involved.
State officials pointed out that federal and state law enforcement have worked together on investigations that have led to both state and federal charges in the past because they expect each other to do so.
They say that anticipation can no longer be taken for granted. The alert says that California agencies don’t have to listen to federal authorities and can look into potential violations of state law on their own, even crimes that federal agents are alleged to have committed while working in California.
The California Department of Justice has made it clear that it is ready to help local agencies go to crime locations, collect evidence, and get court orders when they need them. This includes going to state or federal court for immediate injunctive relief if access to evidence is blocked. Officials made it clear that federal agents are not completely immune from prosecution in state courts, a notion that the courts have long upheld.
Governor Newsom noted that the state can’t just accept what the federal government says when people die, especially when access to the scene and control of evidence are limited. He said that letting any entity take evidence and change the public story before state officials can act goes against due process and the people’s trust. He argued that being open is not a choice but a legal and moral duty, especially when someone dies.
Attorney General Bonta agreed with that point of view, saying that California has both the power and the duty to look into any state law crimes that happen within its borders. Bonta pointed out that his agency will undertake comprehensive and independent investigations when the facts call for it. He additionally encouraged Californians to report any wrongdoing by federal agents through the Department of Justice’s reporting system.
The alert also gives law enforcement useful advice, such as that states are still in charge of their own criminal laws, that independent investigations are allowed, and that the Department of Justice can help with legal and investigative matters. Officials emphasized that the bigger message is that being responsible doesn’t go away just because you work for the federal government.
Sacramento Mayor Kevin McCarty also announced attempts to push through legislation that would make the state’s oversight role apparent and more robust when federal immigration authorities use deadly force. McCarty stated that the shootings in Minnesota show that there is a glaring lack of accountability when federal officials are involved in deadly events without a separate, state-led inquiry process.
In his public statement, McCarty is working with state lawmakers on plans that would make it clear that the attorney general can look into shootings involving federal officers in California without bias. The effort expands on a legislation that already requires independent reviews of some police shootings. Its goal is to make sure that the same standards are used no matter which agency is involved.
Supporters say that the reforms would make things more open, restore public trust, and make sure that all uses of deadly force are properly monitored before something like this happens again in California.
