Former acting DHS Deputy Secretary Ken Cuccinelli said on Newsmax on Saturday that the political rhetoric in Minnesota following the ICE-involved shooting of a 37-year-old U.S. citizen has made cooperation with state and county officials less likely.
Cuccinelli told "Saturday Report" that the first step will be a federal determination of whether the officer's actions were legally justified.
"They are not immune," Cuccinelli said, referring to federal officers. "But the determination at the federal level, first of whether this was a legitimate act of self-defense on the part of the officer, will go first."
Cuccinelli said the probe is being handled at the federal level in part because of statements by local elected officials, who he said have already reached conclusions about the shooting. He cited the officials who oversee local law enforcement.
"One of the reasons I think you can expect FBI to be less cooperative than usual with local authorities is the authorities to which local law enforcement answers," Cuccinelli said. "The mayor and the governor have already drawn their conclusions."
Cuccinelli said he had not seen public comments from the Hennepin County attorney, who would handle prosecution decisions locally, but suggested the pathway for a local case would be limited regardless.
"And so now I don't know of any public statements by the D.A. of Hennepin County who would be responsible for prosecution decisions locally," he said. "But even if he proceeded, that case would be removed to federal court."
Cuccinelli predicted the officer will face an extended review process that will not be confined to federal scrutiny alone, though he said federal court would likely frame how that review unfolds.
"But this officer is in for a long period of review of these actions, not just by federal officials," Cuccinelli said. "But there will be a review by state officials as well. Though, as I said, I expect that will be done under the auspices of a federal court."
He added that the outcome would not be "an entirely localized process" and warned the case "has got a long way ahead of it for this officer."
Cuccinelli's comments come as public attention remains focused on the shooting and on how jurisdictional questions are handled when an officer's conduct is reviewed across multiple levels of government.
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