FK – We need a new declaration of restoration. Guess what will be near the top.
Lawyer Adam S. Hoffinger, who represented Horiuchi and Tanella, said the defense amounts to a simple “two-prong test: “Prong one, was it in the scope of his federal duties? And prong two, were those actions necessary and proper?”
If the shooting passes those tests, the officer is immune, Hoffinger said.
He offered several scenarios to justify immunity. In one scenario, he said, imagine that a federal officer is ordered to protect a doctor who performs abortions in a state where the procedure is deeply unpopular. What if the doctor is attacked, and the officer shoots and kills an attacker — and a local prosecutor decides to charge the officer with murder?
“If we allowed state officials to prosecute federal officers, we could see all types of political prosecutions,” said Daphne Silverman, an Austin-based civil rights lawyer who closely follows police shootings. “What’s missing here is that we need the Department of Justice to bring federal charges” when a federal agent kills someone.
FK – Another reason we need a militia in every country of this country, as a stand alone agency, to investigate cases of government tyranny and mete out the appropriate justice with a granite gallows in front of every govt. building.