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Minnesota law professor on Pretti killing

The federal government is exclusively handling the investigation into the shooting death of 37-year-old Alex Pretti in Minneapolis by an immigration officer. Amy Sweasy, adjunct professor of law at the University of Minnesota, joins with analysis.
Jan 27 (05:51)

TRANSCRIPT FOR: “MINNESOTA LAW PROFESSOR SAYS PROBE OF PRETTI KILLING WON'T HAVE "SAME KIND OF RIGOR" WITHOUT STATE”

AMY SWEASY:
00:04:21

Well, it's very hard to say because it sounds like both judges were very, very clear on the record today that they are facing basically unprecedented legal issues, and it can be very challenging to predict judicial behavior under any circumstance but particularly when judges are admittedly dealing with kinds of things they've never seen before. I think for the government, the easier case to make is the one related to the preservation of evidence in the case and that there is a state-court interest because there is a possible violation of Minnesota law here. Preserving that evidence would be important whether or not there, down the line, is a prosecution and there become issues of federal jurisdiction or federal immunity. All of that would come long after an investigation, and there really, I think, is a pretty important state interest in preserving evidence, which is not the kind of motion you hear law-enforcement agencies make every day, to prevent another law-enforcement agency from tampering with or doing anything with the investigative data they might want to see. As for the other federal lawsuit, Judge Menendez clearly made it obvious on the record that this is a matter of top priority and that there are unprecedented issues here. So I'm a little less comfortable predicting what we might see there. Understandable. Amy Sweasy. Amy, thank you. Thank you.

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