>> CATHY: WE HAVE A VERY FULL SHOW FOR YOU TONIGHT.

WE'LL PREVIEW AN UPCOMING TWIN CITIES PBS DOCUMENTARY ON THE WEST BANK MUSIC SCENE, TALK WITH STAR TRIBUNE REPORTER DEENA WINTER ABOUT MINNEAPOLIS CITY POLITICS, AND A COUCH FULL OF POLITICOS WILL TALK POLITICS NEAR AND FAR.

>> ERIC: WE START TONIGHT WITH ONE OF THE BIGGEST NEWS STORIES OF THE WEEK.

YESTERDAY AN I.C.E.

AGENT WAS CHARGED IN HENNEPIN COUNTY FOR ALLEGEDLY POINTING A GUN AT MOTORISTS IN FEBRUARY.

THE TWO FELONY COUNTS ARE THE FIRST CRIMINAL CHARGES FILED AGAINST A FEDERAL AGENT FOR -- RELATED TO OPERATION METRO SURGE.

HENNEPIN COUNTY ATTORNEY MARY MORIARTY JOINS US.

WELCOME BACK.

SEEMS TO ME YOU HAD PROMISED TO PURSUE CHARGES REGARDLESS OF WHETHER YOU'RE IN THE EVIDENCE LOOP OR NOT.

IS THAT THE FIRST STEP TOWARDS FULFILLING THAT VOW?

>> WELL, THIS CASE WAS A LITTLE BIT DIFFERENT, BECAUSE IT CAME TO US THE WAY CASES USUALLY COME TO US.

IN OTHER WORDS, THE PEOPLE IN THE CAR CALLED 911 RIGHT AWAY WHEN THEY HAD THE GUN POINTED AT THEM.

A STATE TROOPER ARRIVED.

GOT THE VIDEO FROM THE VICTIMS.

THEY WERE TAPING THE AFTERMATH OF IT.

>> Eric: VERY IMPORTANT.

>> VERY IMPORTANT BECAUSE WE GOT THE LICENSE PLATE, THE CAR, AND THEN THE TROOPER WENT TO WHIP AND HE WILL WAS ABLE TO INTERVIEW THE TWO I.C.E.

AGENTS WHO WERE IN THE CAR, WHO DID ACKNOWLEDGE THAT CONDUCT, BY THE WAY.

SO IT WAS DIFFERENT.

THEY THEN SUBMITTED THE CASE TO US.

SO WE DIDN'T HAVE THE FEDERAL GOVERNMENT TRYING TO GET US -- TRYING TO BLOCK US FROM GETTING EVIDENCE.

>> Cathy: HAS THE FEDERAL AGENT BEEN ARRESTED YET?

>> HE HAS NOT AND WE HAVE NOT HEARD FROM HIM OR THE FEDERAL GOVERNMENT.

>> athy: I'M WONDERING, HOW COULD THIS BE THE TEST CASE FOR OTHER STATES, WHO HAVE BEEN DEALING, MUCH LIKE MINNESOTA, WITH THE PRESIDENT'S MASS HE DEPORTATION EFFORT?

DO YOU SEE IT IT AS A POTENTIAL CASE?

>> I KNOW IT IS, I'M PART OF THE FEDERAL OVERREACH, THAT'S ME AND EIGHT OTHER DAs FROM AROUND THE COUNTRY.

AND WE GET TOGETHER, WE'RE EXPANDING.

THE IDEA IS TO ALL WORK TOGETHER SO THAT WE CAN WHAT YOU NEED TO DO TO BE PREPARED FOR SOMETHING LIKE THIS.

WHAT FEDERAL LAW DO YOU NEED TO UNDERSTAND, HOW YOU NEED TO WORK WITH YOUR LOCAL POLICE BEFORE IT HAPPENS, SO THEY UNDERSTAND THEY DO HAVE JURISDICTION AND HOPEFULLY WILL COLLECT EVIDENCE FOR YOU.

>> Eric: I THINK THERE'S MAYBE SOME CONFUSION AS TO WHETHER THESE FEDERAL AGENTS HAVE IMMUNITY FROM STATE PROSECUTION.

>> THERE IS.

AND THAT'S BECAUSE THE ADMINISTRATION KEEPS SAYING OVER AND OVER, THEY HAVE ABSOLUTE IMMUNITY.

THEY DO NOT.

THERE IS NO SUCH THING AS ABSOLUTE IMMUNITY.

FEDERAL AGENTS WHO COME HERE AND VIOLATE STATE LAW CAN BE PROSECUTED.

HERE'S WHAT HAPPENS, THOUGH.

SO WE CAN CHARGE.

THERE'S NOTHING PREVENTING US FROM CHARGING, IF WE FEEL THAT WE HAVE APPROPRIATE CHARGES.

WHAT WOULD THEN HAPPEN IS THE FEDERAL AGENT WOULD ASK THE CASE TO BE REMOVED FROM FEDERAL COURT.

IT'S A LOW BAR SO THAT THAT'S LIKELY TO HAPPEN.

HOWEVER, WE DON'T NEED U.S.

ATTORNEYS OR FEDERAL PROSECUTORS TO PROSECUTE IT.

ODDLY, WE STAY ON THE CASE.

BUT WE'RE IN FEDERAL COURT.

STATE LAW APPLIES.

SO IF THERE'S A CONVICTION, THE PRESIDENT CANNOT PARDON THE PERSON.

SO, THE NEXT STEP IS THAT THEY CAN MAKE A MOTION TO DISMISS FOR SUPREMACY CLAUSE IMMUNITY.

THAT'S NOT ABSOLUTE.

AND THE BURDEN IS ON THE ACCUSED TO PROVE THAT THEY ARE DESERVING OF SUPREMACY CLAUSE IMMUNITY.

ULTIMATELY THE JUDGE HAS TO DECIDE.

IF THE JUDGE DECIDES THAT THEY DO NOT HAVE IT, THEN WE CARRY ON THE WAY WE DID IN A NORMAL PROSECUTION.

AND SUPREMACY CLAUSE IMMUNITY IS REALLY WHERE THEY -- WERE THEY CTING WITHIN THE SCOPE OF THEIR DUTIES?

DID THEY GO ABOVE AND BEYOND?

DID THEY ONLY DO WHAT WAS NECESSARY AND PROPER?

SO I THINK YOU CAN KIND OF GET AN INKLING HERE, WHEN YOU THINK ABOUT THESE CASES THAT WE HAVE, THIS CASE, IN PARTICULAR, THAT WE HAVE GOOD ARGUMENTS THAT THEY WERE NOT ACTING WITHIN THE SCOPE OF THEIR AUTHORITY.

>> Cathy: HOW ARE YOU DOING ON THE CASES INVOLVING RENEE GOOD AND ALEX PRETTY ?I >> SO, AS YOU KNOW, WE FILED A FEDERAL LAWSUIT IN WASHINGTON, D.C.

WE FILED THAT LAWSUIT BECAUSE WE ASKED THE DEPARTMENT OF JUSTICE TO GIVE US THE EVIDENCE.

ALEX PRETTI.

AND NOT ONLY DID THEY NOT GIVE IT TO US, THEY DIDN'T EVEN RESPOND TO OUR EQUEST, WHICH THEY ACTUALLY ARE REQUIRED TO DO.

SO WE FILED A LAWSUIT IN FEDERAL COURT, ASKING A JUDGE TO MAKE THEM GIVE US THE EVIDENCE THAT WE'VE ASKED FOR.

THEY HAVE ABOUT 60 DAYS TO RESPOND TO THE LAWSUIT, SO THAT DATE IS COMING UP IN MAY.

SO WE'RE WAITING KIND OF TO SEE HOW THEY ARE GOING TO RESPOND.

>> Eric: HOW ABOUT YOUR RELATIONSHIP WITH THE DOJ, U.S.

ATTORNEYS HERE IN TOWN?

>> I HAD A CONVERSATION WITH U.S.

ATTORNEY ROSEN TODAY.

I MEAN, YOU KNOW, I THINK WHAT PEOPLE NEED TO KNOW IS THAT THE LOCAL EOPLE, THE LINE PROSECUTORS, THE FBI AGENTS, WE'VE ALL WORKED OGETHER BEFORE.

WE ALL GET ALONG.

WE WORK TOGETHER.

WE WORK TOGETHER ON THE BOELTER CASE.

WE WORKED TOGETHER.

THEY HAVE CHARGES, E HAVE CHARGES.

THE PROBLEM REALLY IS THE ADMINISTRATION IN D.C.

IF THEY WERE NOT GIVING DIRECTIVES HERE, WE WOULD ALL WORK TOGETHER, WE WOULD FIGURE IT OUT, WE WOULD NOT HAVE THE PROBLEMS WE'RE HAVING, BUT IT IS WASHINGTON, D.C., THAT KEEPS SENDING DIRECTIVES TO TRY TO BLOCK US FROM HAVING THE EVIDENCE THAT WE WOULD OTHERWISE HAVE.

>> Cathy: YOU MENTIONED, I HAVE TO ASK ABOUT VANCE BELTER, BECAUSE THE ALLEGED SASS SAN OF -- SASS ANYONE OF SPEAKER HORTMAN AND HER HUSBAND.

HE WAS IN COURT TODAY.

BUT IT'S A SLOW-MOVING CASE.

IT'S BEEN TEN MONTHS ALL RIGHT.

SINCE YOU WERE WORKING WITH THE FEDS, IS THERE SOME WAY YOU COULD TAKE OVER THE CASE?

>> SO, AS YOU KNOW, THERE WAS A JOINT INVESTIGATION BETWEEN THE FBI AND THE BCA.

THAT INVESTIGATION, WE ALL HAVE THE EVIDENCE THAT EVERYBODY ELSE HAD.

AND THEN OUR OFFICE CHARGED AND THEN THE U.S.

ATTORNEY'S OFFICE CHARGE.

NOW WE DID ASK TO GO FIRST.

AND THE FEDERAL GOVERNMENT DOES HAVE THE OPTION.

THEY CAN SAY, NO, WE WANT TO GO FIRST.

BUT I DID HAVE A CONVERSATION TODAY WITH U.S.

ATTORNEY ROSEN TO SAY, HEY, WE CAN GO, WE'RE READY TO GO RIGHT NOW, AND I KNOW YOU HAVE PROCESSES TO GO THROUGH, YOU KNOW, THERE ARE THINGS THAT HAVE TO HAPPEN THERE.

THAT'S YOUR BUSINESS.

BUT HERE'S THE DEAL.

WE ARE READY TO GO FORWARD TO BRING JUSTICE TO THE VICTIMS AND THE FAMILIES AND, FRANKLY, THE COMMUNITY AND THE CHARGES WE INDICTED HIM ON ARE LIFE WITHOUT PAROLE.

>> Eric: WE AN TALK ABOUT