Do federal agents have 'absolute immunity?'

Summary

---

Podcast Summary: Consider This from NPR

Episode: Do federal agents have 'absolute immunity?'

Date: January 15, 2026
Host: Ailsa Chang
Guest: David Cole, Georgetown Law Professor and former National Legal Director, ACLU

---

Episode Overview

This episode explores the question of accountability for federal agents following a fatal shooting in Minneapolis by an ICE officer. With protests erupting and tensions rising, the episode unpacks the complexities of federal versus state jurisdiction, the myth of "absolute immunity" for federal agents, and available legal recourse for victims’ families.

---

Key Discussion Points & Insights

1. Background of the Shooting and Protests

• Incident Recap: An ICE officer fatally shot Renee Macklin Goode, a 37-year-old woman, sparking widespread protests in Minneapolis.
• Government Response: Over 2,000 federal agents have been deployed to the Twin Cities. The White House has condemned the protests and robustly defended the officer involved.
  • Quote:

    “All weekend long you had agitators and violent American citizens out in the streets of Minneapolis protesting. Protesting what exactly?”
    – White House Official (00:35)

2. Absolute Immunity: Myth vs Reality

• White House Stance:
  Vice President J.D. Vance claimed that the ICE officer is protected by “absolute immunity” while performing federal duties.
  • Quote:

    “The precedent here is very simple…That guy is protected by absolute immunity. He was doing his job well.”
    – J.D. Vance (03:14)

• Expert Rebuttal:
  David Cole refutes the idea, clarifying that no agent is above the law:
  • Quote:

    “Absolutely not. And the vice president should know better…No one is above the law. Federal agents…are liable to the state to the same extent as everyone else with some exceptions, but they are not absolutely immune.”
    – David Cole (03:50)

3. Federal vs State Investigation Conflict

• Tension over Jurisdiction:
  The federal government is conducting its own inquiry, while Minnesota is being excluded from federal evidence. Top federal officials, including DOJ's Todd Blanche and President Trump, have publicly declared no wrongdoing before investigations conclude.
  • Quote:

    “You can't have a legitimate investigation. Who's going to trust the results of the government investigating itself when the top folks have all said before the investigation is concluded, nothing wrong happened here?”
    – David Cole (04:38)

4. State Prosecution of Federal Agents

• Legal Possibility:
  Federal agents can, in principle, be charged under state law unless their actions were “necessary and proper” to their federal duties.
  • Quote:

    “The state has the right to prosecute…The only immunity that the officer would have is if he could demonstrate that his actions were necessary and proper to carrying out his federal function.”
    – David Cole (05:27)

  • Cole suggests that, based on the video evidence, it would be difficult to argue the shooting was necessary.

5. Civil Lawsuits as Recourse

• Rights of Survivors:
  If criminal charges aren’t filed, the victim’s family could sue the officer under the Bivens doctrine (for constitutional violations) or sue the government under the Federal Tort Claims Act.
  • Quote:

    “Her survivors could sue the officer under a doctrine called Bivens…But violations of the Fourth Amendment…have been recognized as a permissible ground…”
    – David Cole (06:14)

6. The Importance of Fair Accountability

• Public Trust in Law Enforcement:
  Cole emphasizes that video-recorded violence must be dealt with transparently and justly to maintain public trust and prevent escalation.
  • Quote:

    “If people see that government officials are able to kill citizens without accountability, you lose trust in the law enforcement system. And when we lose trust…very, very bad things happen.”
    – David Cole (07:01)

  • He warns loss of trust can lead to violence, lack of cooperation with law enforcement, and the breakdown of the justice system.

---

Notable Quotes & Timestamps

• White House Official:

  “All weekend long you had agitators and violent American citizens out in the streets of Minneapolis protesting. Protesting what exactly?” (00:35)

• J.D. Vance:

  “That guy is protected by absolute immunity. He was doing his job well.” (03:14)

• David Cole:

  “Absolutely not...No one is above the law…they are not absolutely immune.” (03:50)

  “You can't have a legitimate investigation. Who's going to trust the results of the government investigating itself…?” (04:38)

  “The state has the right to prosecute.” (05:27)

  “Her survivors could sue the officer under a doctrine called Bivens…under the Federal Tort Claims act…” (06:14)

  “If people see that government officials are able to kill citizens without accountability, you lose trust in the law enforcement system.” (07:01)

---

Key Timestamps

• 00:00–01:08: Recap of Minneapolis shooting and protest fallout
• 03:14: White House, VP Vance asserts “absolute immunity”
• 03:50: David Cole begins legal analysis
• 04:38: Cole on problems with federal self-investigation
• 05:27: Cole explains state power and limitations in prosecuting federal agents
• 06:14: Civil legal options for survivors
• 07:01: Cole on the consequences of lost public trust

---

Summary & Takeaways

The episode debunks the notion that federal agents have “absolute immunity”, emphasizing that they are subject to prosecution and lawsuits like anyone else, unless their actions are strictly necessary for their federal role. The controversy underscores the importance of independent investigations and accountability to preserve trust in law enforcement—especially as public scrutiny and protests intensify following deadly incidents involving federal officers.

Transcript

[Ailsa Chang]

Protests have erupted all across Minneapolis. This is after an Immigration and Customs Enforcement officer fatally shot a 37 year old woman in her car last week. Some protesters have blown whistles as they confront ICE officers. Federal agents have responded by arresting some demonstrators, tackling and tear gassing others. More than 2,000 federal immigration agents are now deployed in the Twin Cities area, with hundreds more expected this week. Meanwhile, the White House has continued to condemn the protests.

[White House Official]

All weekend long you had agitators and violent American citizens out in the streets of Minneapolis protesting. Protesting what exactly?

[Ailsa Chang]

Speaking on Monday, White House Press Secretary Caroline Levitt also went on to defend Jonathan Ross. That's the ICE officer who shot and killed Renee Macklin Goode during a confrontation with immigration agents.

[White House Official]

And this administration will continue to stand wholeheartedly by the brave men and women of ice, including that officer in Minneapolis who was absolutely justified in using self defense.

[Ailsa Chang]

Consider this after last week's fatal shooting, what does accountability look like? Can a federal agent be prosecuted? Well, we put that question to a legal scholar. From npr. I'm Ailsa Changing this message comes from.

[Commercial Announcer]

Wise, the app for international people using money around the globe, you can send, spend and receive in up to 40 currencies with only a few simple taps. Be smart, get wise. Download the WISE app today or visit wise.com Ts and Cs apply this message comes from Live Wright, publisher of Rebecca Neuberger Goldstein's new book the Mattering Instinct. Goldstein argues that the need to matter is the source of humans greatest progress and their deepest conflicts, and envisions a future in which people see that there's enough mattering to go around. Jonathan Haidt calls the Mattering Instinct extraordinary and urgent. And Martin Seligman writes that this book should ignite a revolution. Rebecca Neuberger Goldstein's the Mattering Instinct available now.

This message comes from Mint mobile. Starting at $15 a month. Make the [e-mail] Switch $45 upfront payment for 3 months 5 gigabyte plan equivalent to $15 a month Taxes and fees Extra first 3 months Only see terms.

[Ailsa Chang]

It's Consider this from npr. A federal investigation is underway after an Immigration and Customs Enforcement officer fatally shot a 37 year old woman in Minneapolis last week. Meanwhile, the state of Minnesota is gathering its own evidence about the shooting after the FBI shut the state's investig agency out of the case and declined to share federal evidence. As the facts of last week's deadly shooting remain disputed, there's also disagreement about what the law is. Here's Vice President J.D. vance speaking from the White House last Thursday.

[J.D. Vance]

The precedent here is very simple. You have a federal law enforcement official engaging in federal law enforcement action. That's a federal issue. That guy is protected by absolute immunity. He was doing his job well.

[Ailsa Chang]

Some legal experts have pushed back on that point about absolute immunity. David Cole is a law professor at Georgetown University and the former national legal director at the American Civil Liberties Union. Welcome.

[David Cole]

Thanks for having me.

[Ailsa Chang]

Well, thanks for being with us. I want to start with the vice president's comments there. Do federal agents have so called absolute immunity at the federal level for crimes they commit while on duty?

[David Cole]

Absolutely not. And the vice president should know better. Having gone to law school. No one is above the law. Federal agents go into a state and start committing crimes, including murdering people, they are liable to the state to the same extent as everyone else with some exceptions, but they are not absolutely immune.

[Ailsa Chang]

Okay. Well, in the meantime, as the federal government investigates this case, as they say they're doing, can we just bring up some words that Todd Blanch, the Justice Department's deputy attorney general, has already said? He said, quote, there is currently no basis for a criminal civil rights investig. So I'm just a little confused. Where does that leave this federal investigation if they've already concluded there's no basis for a criminal civil rights investigation?

[David Cole]

Well, I think this is a real problem when the government is investigating itself and when the top level of the government has made clear not just Todd Blanche, but President Trump, that they don't want any accountability for this individual, that they are backing this individual no matter what, you can't have a legitimate investigation. Who's going to trust the results of the government investigating itself when the top folks have all said before the investigation is concluded, nothing wrong happened here?

[Ailsa Chang]

And when we're talking about state law, a federal agent can be prosecuted for violating state law, correct?

[David Cole]

Absolutely.

[Ailsa Chang]

So what is happening on that level? If the federal government saying they're doing an investigation, what about potential violations of state law?

[David Cole]

Well, the state has the prerogative to investigate. Ordinarily, the federal government would cooperate in that investigation, but the state has the right to investigate. The state has the right to prosecute. And the only immunity that the officer would have is if he could demonstrate that his actions were necessary and proper to carrying out his federal function. And, you know, I think that would be hard on the facts that we have seen on video to say this was necessary.

[Ailsa Chang]

Assuming that no criminal charges are eventually filed relating to this case of Renee Macklin Goode, what recourse would be available under civil law. Talk about who could file a civil complaint against any of the federal agents involved in this case.

[David Cole]

Well, her survivors could sue the officer under a doctrine called Bivens that allows individuals to sue federal agents for violations of their constitutional rights in limited circumstances. But violations of the Fourth Amendment, which is what a unjustified use of force is, have been recognized as a permissible ground for bringing a civil lawsuit against the officer. And you can also bring an action under the Federal Tort Claims act against the federal government itself for the action.

[Ailsa Chang]

Okay. Well, as we're looking ahead as both the federal government and state officials are looking into the killing of Renee Macklingood, what are you going to be watching for?

[David Cole]

You know, I think whenever you've got a police killing that is caught on video, widely shared, what's most important is that it be dealt with fairly and justly. Because if people see that government officials are able to kill citizens without accountability, you lose trust in the law enforcement system. And when we lose trust in law enforcement, very, very bad things happen. One is that people can take the streets and can engage in violence themselves because they are so outraged at the government for failing to hold its own officials accountable. And you see that, you know, across the world. But short of that, when they lose faith in law enforcement, they are less likely to cooperate with law enforcement. They're less likely to serve as jurors, as witnesses, to call the police, to engage with officers. And the enforcement of law is largely dependent on our cooperation, not on the baton and the gun.

[Ailsa Chang]

David Cole is a law professor at Georgetown University. Thank you very much.

[David Cole]

Thank you.

[Ailsa Chang]

This episode was produced by Katherine Fink. It was edited by Christopher Intagliata. And our executive producer is Sami Yeniken. It's consider this from npr. I'm Ailsa Chang.

[Commercial Announcer]

This message comes from Mint Mobile. This holiday season, stop overpaying for wireless and switch to Mint Shop. 50% off unlimited [e-mail] Switch limited time offer upfront payment of $45 for three months, $90 for six months or $180 for 12 months. Taxes and fees extra initial plan term only above 35 GB. Network may slow when busy capable device required. Availability, speed and coverage varies. See this message comes From NPR sponsor 1Password. Anyone else feel like 99% of your emails and texts are password reset codes trusted by millions of users and over 175,000 businesses? 1Password lets you skip the resets and sign in securely with strong, unique passwords that auto fill across all your devices. You can safely share logins, store cards and files. And finally, stop using your pet's name as a password. Try it free for two weeks at onepassword.com, nPR.