Minneapolis attorney on Alex Pretti probe

I want to talk about some key pieces of evidence that no doubt these agencies are going to be looking into. Two US officials tell CBS News some of the Border Patrol agents were involved in this fatal shooting of Alex Pretti were wearing body cameras. How will all this footage be analyzed from a legal perspective? Well, what's going to be analyzed is the following. You have to look at it this way. An objectively reasonable police officer in the subject officer's position. Now, in order to look at it that way, you need all the evidence. You not only need the statements from the police officers involved, but you also need their body-worn camera. And this is new information. Many times, federal authorities don't wear body-worn cameras, but now we're getting information that they do. So it is critical that such evidence be kept in great condition, not tampered with, not be destroyed.

I want to talk about the hearings from today. The first involves the state asking ICE to leave Minnesota. The second involves preserving evidence in Alex Brady's case. I'm curious how you think the judges are going to rule in both of these cases. Well, with the first hearing, that was in front of Judge Menendez about keeping ICE out. So the state of Minnesota, through its attorneys-- we have the attorney general as well as the city attorney of Minneapolis-- is asking for what's called an injunction, which means that the federal court would prohibit ICE from doing business here in Minnesota. I think it's highly unlikely that a judge would order that. Under Article II of our Constitution, the president has full executive authority, including executive authority, over law enforcement agencies as part of the federal government. So I think it's unlikely that a federal judge would bar a federal law enforcement agency from the state. It would be like keeping the FBI out of Minnesota. But the second hearing, which is actually going on now, is also important. And I think in that case, the state will win, meaning that the federal judge will continue with his temporary order saying that DHS must preserve evidence, which would include the body-worn cameras that we just discussed.

And I would assume also Alex Pretti's own cell phone and the video he was taken before the shooting. You bring up a critical piece of evidence. We know that when Mr. Pretti was approaching the ICE officers, Border Patrol officers, he had his cell phone in his hand, and he was recording them. That's important evidence to keep. So even if the federal government has the actual phone, that's fine. But you need to go into the cloud accounts because as we all know, if something's wrong with your physical phone, if it's damaged in some way, you could still get the information from that phone based on the cloud accounts. So law enforcement officials are going to need to access that through search warrants. Joe Tamburino, thank you so much.