The Daily Beans
Episode: “Federalism 101” (feat. Carolyn Shapiro)
Date: January 29, 2026
Hosts: Allison Gill & Dana Goldberg
Episode Overview
In this episode, hosts Allison Gill and Dana Goldberg tackle a packed news cycle, focusing particular attention on the aftermath of the ICE shootings of VA nurse Alex Preddy and Renee Goode in Minneapolis. The episode also features an in-depth and illuminating interview with law professor Carolyn Shapiro, who discusses the legal grounds and barriers for Minnesota to pursue state-level prosecutions against the federal agents involved in these killings. Throughout, the hosts blend incisive news coverage with their signature blend of progressive analysis, wit, and urgency.
Key Topics & Discussion Points
1. News Round-Up: ICE Killings, Fulton County Election Office Raid, and More
Timestamps: 01:02–17:59
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ICE Shootings and Administrative Leave: Trump agents involved in the killing of Alex Preddy are put on administrative leave pending investigation. DHS’s review contradicts initial claims that Preddy brandished a gun (08:02).
- “A preliminary review by U.S. Customs and Border Protection’s internal watchdog office found … did not indicate that he brandished a weapon during the encounter.” — Allison Gill [08:02]
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Media Coverage and Political Fallout:
- Trump administration tries to “pivot” on Minneapolis operations and ICE’s public image, but substantive change is lacking (10:41).
- "Trump is chastened by the backlash... the ICE murders of Alex Preddy and Renee Goode, period. That's what happened. So he's now recalibrating." — Dana Goldberg [10:41]
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FBI Raids Fulton County Election Office: Despite multiple court debunkings, the FBI executes a search warrant in pursuit of Trump's false election fraud claims (04:38).
- “How many times has election fraud been debunked? ... 63 times in court. Multiple times in hand recounts in Georgia.” — Allison Gill [05:11]
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State and Congressional Maneuvering:
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Violence Against Lawmakers: Rep. Ilhan Omar attacked with unknown substance at a town hall (10:41).
2. The Trump Administration’s ICE “Pivot” is Pure Optics
Timestamps: 10:41–17:59
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No Real Change to ICE Operations:
- “Will any of this change how ICE is actually conducting its operations in American cities that fundamentally do not want ICE's presence…? It sure looks like a no, a no, and a no.” — Dana Goldberg [10:41]
- Trump’s actions are intended to placate 'Senate Democrats' so they don't demand restrictions on ICE in ongoing government funding negotiations.
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FBI and DOJ Obstruction:
- Rep. Jamie Raskin presses the Attorney General for answers about lack of federal investigation into the ICE shootings, noting DOJ is obstructing state and federal oversight (14:28).
3. Interview: Federalism & State Prosecutions (Feat. Prof. Carolyn Shapiro)
Timestamps: 29:25–49:46
Main Points:
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Can Minnesota Prosecute the Agents?
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Jurisdiction: States have full jurisdiction to prosecute crimes that occur within their borders, even if federal agents are the perpetrators.
- “Minnesota has jurisdiction to investigate and prosecute crimes that occur within the state. That is basic federalism 101... They each have their own interests, they each have their own jurisdiction.” — Carolyn Shapiro [30:42]
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No "Absolute Immunity" for Agents:
- Absolute immunity does not apply to federal agents acting on the street. The relevant legal doctrine is “Supremacy Clause immunity,” which provides federal agents some protection if they were acting as authorized, but any immunity is not automatic or absolute.
- “There has never been such a thing as absolute immunity in the context of people acting on the street, government agents acting on the street.” — Shapiro [30:42]
- “In this context, the question is whether the federal agent was in fact doing something authorized by federal law in fulfilling his duties… it’s a fact-specific inquiry." — Shapiro [33:49]
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Evidence Suppression & Legal Barriers
- Minnesota prosecutors are currently blocked from accessing critical evidence, as DHS and FBI are withholding it. The state has filed for a temporary restraining order to preserve key evidence.
- “They said, first of all, it was unprecedented what DHS did on to the crime scene… and so we are asking the court… to please tell the government not to tamper with or destroy and preserve all the evidence.” — Allison Gill [36:08]
- Lack of Forensic Evidence:
- Video and bystander footage can substitute for some forensics, as in the Chauvin trial.
- “That case would not have been prosecuted... had there not been video. But there's all kinds of video here...” — Shapiro [39:11]
- Discovery Uncertainties: Legal precedent for compelling the federal government to hand over evidence in these circumstances is thin; many motions being filed are unprecedented.
- “There’s not necessarily going to be discovery [as in civil cases] if it’s a criminal case… I am sure [state] will try to get a federal court to order the federal government to provide that video.” — Shapiro [47:00]
- Minnesota prosecutors are currently blocked from accessing critical evidence, as DHS and FBI are withholding it. The state has filed for a temporary restraining order to preserve key evidence.
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Supremacy Clause Combat
- The Supremacy Clause only shields federal agents if they were acting within the scope of their assigned authority and with reasonable cause—this can and should be litigated.
- “It’s not absolute. It’s a fact-specific inquiry… what the authorization… was, etc. So that’s the kind of immunity that we’re talking about here.” — Shapiro [33:49]
- The Supremacy Clause only shields federal agents if they were acting within the scope of their assigned authority and with reasonable cause—this can and should be litigated.
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Statute of Limitations
- “There’s no statute of limitations in Minnesota for crimes that lead to somebody’s death, so that’s one possibility.” — Shapiro [37:51]
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Civil Suits
- Families of victims are hiring civil rights lawyers, as in the George Floyd case, and will have broader access to discovery in civil versus criminal proceedings.
4. Community Action, Good News & Listener Submissions
Timestamps: 52:10–end
- Visibility Brigade & Operation Fortify: Listeners highlight grassroots efforts helping local businesses and restaurants understand their legal rights if confronted by ICE (53:02).
- Solidarity Stories:
- Shout-outs to Minneapolis protest tactics being exported to Memphis.
- Listeners share mutual aid, involvement in pop-up protests, heartwarming photos of animals, and fundraising through art for grassroots political solutions.
Notable Quotes & Moments
- “We protested during the day and we danced at night. It was the dance we were protecting. It was the dance we were fighting for.” — Allison Gill quoting Charlie Savage on the role of celebration and joy in resistance [03:32]
- “Trump is looking to diffuse anger among congressional Democrats for purposes that don’t portend a meaningful shift.” — Dana Goldberg [11:25]
- “State has a legitimate sovereign interest in enforcing its own law. That’s the baseline. The Supreme Court a few years ago ... reiterated that ... the federal government can then prosecute you for the same conduct or vice versa, because they each have their own individualized sovereign interests.” — Professor Carolyn Shapiro [30:42]
- “I don’t think the lack of some of the ordinary forensic evidence should mean that the cases just can’t be brought ... when we have these videos.” — Shapiro [43:18]
- “If anything here, this should stiffen the resolve of Senate Democrats, not weaken it to demand major restrictions on ICE at a minimum. Minimum.” — Dana Goldberg [14:28]
Key Timestamps
- 01:02–06:19 News round-up: ICE shootings, election integrity, Minnesota special elections
- 08:02–10:39 Detailed breakdown of DHS internal ICE shooting review
- 10:41–17:59 Analysis of Trump’s attempted de-escalation and underlying realities
- 17:59–26:28 Virginia redistricting, child deportation case
- 29:25–49:46 Professor Carolyn Shapiro interview (Federalism, state prosecution of federal agents, evidence barriers)
- 52:10–end Listener good news & community action, Operation Fortify, animal photos, protests, art activism
Tone & Language
The hosts blend urgent political analysis with sharp humor and a sense of communal resilience. Their coverage is frank, progressive, and accessible, aiming to both inform and empower their audience in a fraught political landscape.
Resources & Show Notes
- Visibility Brigade and Operation Fortify: visibilitybrigade.com
- Carolyn Shapiro piece in Lawfare: [Link in show notes]
- Listener activism and mutual aid: links included for local groups and non-profits
For listeners who missed the episode, this summary covers the key legal, political, and grassroots insights on ICE violence, state/federal law tensions, and the ongoing fight for accountability and justice in the U.S. under the shadow of federal overreach.