>> Cathy: AMONG THE FLURRY OF LEGAL ACTIVITY RELATING TO THE I.C.E.

OPERATIONS IN MINNESOTA AND THE KILLING OF RENEE GOOD, A LAWSUIT HAS BEEN FILED BY THE STATE AND CITIES OF MINNEAPOLIS AND ST.

PAUL TO REMOVE I.C.E AGENTS FROM MINNESOTA.

A PORTAL HAS BEEN CREATED BY THE STATE AND HENNEPIN COUNTY FOR OBSERVERS TO SHARE ANY EVIDENCE OF THAT FATAL SHOOTING.

NOW, OUR NEXT TWO GUESTS WOULD BE KEY IN ANY STATE OR COUNTY CHARGES BROUGHT AGAINST I.C.E.

AGENTS FOR THE SHOOTING DEATH OF RENEE GOOD.

KEITH ELLISON IS MINNESOTA'S ATTORNEY GENERAL.

JOINING HIM TONIGHT, HENNEPIN COUNTY ATTORNEY MARY MORIARTY.

GOOD TO SEE YOU BOTH.

I KNOW YOU'RE BOTH BUSY.

I HAVE TO START WITH ATTORNEY GENERAL ELLISON, WELL, YOU KNOW THE NEWS.

YOU'RE THE STATE'S ATTORNEY, ARE YOU THE GOVERNOR'S ATTORNEY BY THE WAY?

>> IN CERTAIN CIRCUMSTANCES, YEAH.

>> Cathy: MAJOR NEWS MEDIA REPORTING THAT THE GOVERNOR AND MINNEAPOLIS MAYOR FREY RE UNDER DOJ INVESTIGATION FOR ALLEGEDLY IMPEDING I.C.E.

AGENTS THROUGH THE USE OF THEIR LANGUAGE AND WHAT THEY'VE BEEN TALKING ABOUT.

WHAT DO YOU DO WITH SOMETHING LIKE THIS?

>> WELL, IT JUST SEEMS LIKE BASIC WEAPONIZATION OF THE CRIMINAL JUSTICE SYSTEM.

WE'VE SEEN IT ALREADY, TISH JAMES IS A DEAR FRIEND OF MINE AND NEW YORK ATTORNEY GENERAL, JAMES COMEY, WE SAW WHAT HAPPENED TO THOSE CASES.

SADLY THAT'S WHERE WE ARE RIGHT NOW.

PEOPLE USING THEIR AUTHORITY TO SORT OF ACCUSE PEOPLE OF NEFARIOUS ACTIVITY WHEN IT'S ON NOT, DOESN'T SEEM TO ME IN ANY WAY BASED IN REALITY.

WHAT IS A MAYOR AND GOVERNOR SUPPOSED TO DO WHEN YOU HAVE A DRAMATIC SURGE THAT IS DEPRESSING OUR ECONOMY, IMPEDING KIDS GOING TO SCHOOL, DRIVING UP LOCAL COSTS, THEY'RE SUPPOSED TO SAY NOTHING ABOUT THIS?

OF COURSE THEY DO.

AND SO IF THEY'RE IN TROUBLE FOR SPEAKING UP, CRITICIZING I.C.E., THEN AND THE PRESIDENT, THEN I THINK THERE'S LITERALLY MILLIONS OF OTHER PEOPLE IN THE SAME BOAT.

I DON'T THINK -- I HAVEN'T SEEN ANYTHING THAT AMOUNTS TO A LEGITIMATE CRIMINAL INVESTIGATION.

>> Eric: DURING YOUR CAREERS BOTH OF YOU HAVE BEEN SKEPTICAL OF LAW ENFORCEMENT.

I THINK THAT'S FAIR TO SAY.

AND DOES THAT AT ALL COVER YOUR JUDGMENT AS YOU LOOK AT THIS CASE >> LOOK AT THE SHOOTING OF RENEE GOOD?

>> Eric: YEAH, WHATEVER PART YOU'RE GOING TO PLAY EVENTUALLY IN THIS, IF ANY.

>> SO MY ROLE, OUR ROLES ACTUALLY ARE TO GATHER WHATEVER EVIDENCE THAT WE CAN AND HAVE OUR LAWYERS TAKE A LOOK IT AND DECIDE FIRST OF ALL IS THERE ENOUGH EVIDENCE THERE FOR US TO MAKE A DECISION WHETHER WE CAN CHARGE, AND THEN DOES IT MAKE SENSE TO CHARGE.

THAT'S OUR ROLE HERE.

IT HAS, YOU KNOW, WHETHER WE'RE SKEPTICAL OF LAW ENFORCEMENT IN SOME SITUATIONS REALLY PLAYS NO ROLE HERE.

>> YEAH, IF I COULD JUST SAY, LOOK, I'M AN ADMIRER OF LAW ENFORCEMENT.

I'M PROUD TO SAY.

AND I THINK THAT THE MEN AND WOMEN WHO PUT THEIR LIVES ON THE LINE EVERY DAY FOR OUR SAFETY DESERVE TO BE IN A PROFESSION WHERE WE HAVE HIGH STANDARDS, BECAUSE MOST OF THEM, NEARLY ALL OF THEM DEMAND HIGH STANDARDS.

IF SOMEBODY DOESN'T MEET THAT STANDARD, THAT'S A DIFFERENT MATTER ALTOGETHER.

BUT, NO, I THINK THAT OTH OF US BELIEVE THAT LAW ENFORCEMENT IS A IMPORTANT AND CRITICAL JOB AND SHOULD ONLY BE DONE BY PEOPLE WHO UPHOLD THOSE HIGH STANDARDS.

>> Cathy: HELP US OUT.

KRISTI NOEM SAID THE STATE DOES NOT HAVE JURISDICTION IN THE GOOD MURDER.

>> SHE'S WRONG.

>> Cathy: THANK YOU FOR EXPLAINING THAT.

>> WE MOST CERTAINLY DO.

RENEE GOOD WAS SHOT AND KILLED IN HENNEPIN COUNTY, IN MINNEAPOLIS.

WE MOST CERTAINLY HAVE JURISDICTION OVER THAT.

NOW, THERE ARE POTENTIAL LEGAL DEFENSES IN FEDERAL COURT, BUT THAT DOESN'T MEAN WE DON'T HAVE JURISDICTION TO DO AN INVESTIGATION AND TO PURSUE CHARGES IF WE THINK THAT'S APPROPRIATE.

>> Cathy: SO, YES, GO AHEAD.

>> I WAS JUST GOING TO SAY, THINK IT'S TOO FAR AFIELD, I WAS THINKING ABOUT THE BOSTON MASSACRE TODAY.

THIS IS A CASE THAT WENT TO LOCAL BOSTON OFFICIALS, HELD IMPERIAL BRITISH SOLDIERS ACCOUNTABLE AND TRIED THEM, FAIR TRIAL, AND THEY GOT A FAIR TRIAL AND EVEN JOHN ADAMS WAS ONE OF THE DEFENSE ATTORNEYS IN THE CASE.

THIS IS SOMETHING THAT PREDATES THE CONSTITUTION.

IT IS ABSOLUTELY THE RIGHT OF A STATE TO CHARGE ANYBODY WHO BREAKS THE LAW IN THAT STATE.

THE STATE OF MINNESOTA IS NOT A -- IS A SOVEREIGN, JUST LIKE THE FEDERAL GOVERNMENT IS, AND HAS A RIGHT TO ENFORCE ITS OWN LAWS.

AND AS MARY STATED IT I COULDN'T SAY IT ANY BETTER THAN SHE DID, SHE'S ABSOLUTELY RIGHT.

BUT I JUST WANT TO LET PEOPLE KNOW THERE IS ABSOLUTELY NO BARRIER.

THERE'S A SUPREMACY LAUSE WHICH IS A TYPE OF IMMUNITY THAT MIGHT BE APPLIED BUT IT'S NOT COMPLETE AND IT'S NOT ABSOLUTE.

BUT I JUST WANTED TO ADD THAT BECAUSE I THINK IT'S IMPORTANT FOR MINNESOTANS TO UNDERSTAND THAT THE STATES PREDATE THE UNITED STATES AND HAVE SOVEREIGN AUTHORITY TO ENFORCE THEIR OWN LAWS.

>> Cathy: THAT'S WHY I WANTED TO CLARIFY THAT.

NOW THERE'S THE PORTAL, CORRECT?

>> YES.

>> Cathy: I WANT TO KNOW AT THIS POINT WHAT ACCESS TO WHAT INFO DO YOU ALL HAVE RIGHT NOW?

ANYTHING AT ALL?

>> I THINK IT'S EASIER TO SAY WHAT WE DON'T HAVE ACCESS TO.

WE KNOW THAT THE FEDERAL GOVERNMENT TOOK RENEE GOOD'S CAR.

WE KNOW THAT THEY TOOK THE GUN AND SHELL CASINGS THAT WERE AT THE SCENE.

HOWEVER, THIS IS NOT A SITUATION WHERE WE'RE ALL WONDERING HOW SHE DIED, RIGHT?

NOT HAVING THE GUN, NOT HAVING THE SHELL CASINGS THAT'S, YOU KNOW, CERTAINLY WE WOULD LIKE TO HAVE THAT, BUT IT'S NOT NECESSARILY A BARRIER TO GO FORWARD WITH PROSECUTION.

SO WE CREATED THE PORTAL BECAUSE WE WANTED TO GATHER ALL THE INFORMATION THAT WAS OUT THERE.

FOR INSTANCE I THINK THE WEEKEND BEFORE WE DID THAT, AND WE KNOW BEFORE THAT, THEY KEPT RELEASING VIDEOS THAT WERE NOT RELEASED TO US.

AND SO WE WANTED TO MAKE SURE THAT EVERYBODY IN THE COMMUNITY, BECAUSE WE KNOW EVERYBODY HAS PHONES NOW AND THEY'RE TAKING VIDEO, THAT THEY HAD AN OPPORTUNITY TO SUBMIT THAT TO US AND THAT WE COULD COLLECT ALL OF THE INFORMATION, IN ADDITION TO THE INFORMATION THAT THE BCA HAS ALREADY COLLECTED AND IS STILL COLLECTING, SO THAT WE COULD MAKE A DECISION HERE.

>> Cathy: OKAY.

SO ONCE YOU GET THIS TOGETHER, OBVIOUSLY THEY'RE GOING TO DECIDE HOW TO MOVE FORWARD, RIGHT?

SO GIVE US A LITTLE BIT F AN IDEA HERE.

WE'VE OFTEN HEARD THAT PROSECUTION OF A FEDERAL AGENT IS AN UPHILL BATTLE.

SO I GUESS DEPENDS ON WHAT YOU HAVE IN YOUR HANDS.

WHAT'S THE STRATEGY?

>> WELL, I THINK IT'S -- YEAH.

I THINK IT'S IMPORTANT.

YOU KNOW, FIRST OF ALL, WE'RE COLLECTING ALL OF THAT EVIDENCE, RIGHT?

AND THEN WE'RE DECIDING WHETHER CHARGES ARE APPROPRIATE.

LET'S SAY THEY ARE.

ONE THING WE'RE EXPECTING IS THAT THEY WOULD TRY TO REMOVE IT, PROBABLY REMOVE IT TO FEDERAL COURT.

INTERESTINGLY, THOUGH, IT WOULD STILL BE UNDER STATE LAW.

SO -- AND I KNOW IT'S, GETS IN THE WEEDS HERE A LITTLE BIT.

BUT STATE LAW, STATE LAW STILL APPLIES.

IT WOULD BE US PROSECUTING IN FEDERAL COURT.

THE DIFFERENCE IS WOULD BE WE'D HAVE A FEDERAL JUDGE AND THAT JURY WOULD BE DRAWN FROM BROADER MINNESOTA, NOT JUST HENNEPIN COUNTY.

>> Eric: IF THERE WAS NO SEPARATION AGREEMENT, IF THE COPS COULD ENACT AND COOPERATE WITH I.C.E., WOULD ANY OF THIS NOT HAPPENED OR WOULD IT HAVE BEEN ANY DIFFERENT?

>> I THINK THAT THIS ESCALATION THAT YOU'VE SEEN FROM THE FEDERAL GOVERNMENT IS SEPARATE AND APART FROM ANY POLICY DECISION.

AND SPEAKING OF THE CIVIL CASE, WE'VE DECIDED TO FILE A LAWSUIT AGAINST THE FEDERAL GOVERNMENT, MINNEAPOLIS AND ST.

PAUL, BECAUSE THIS DRAMATIC ESCALATION IS CAUSING SO MUCH DAMAGE TO THE STATE OF MINNESOTA.

ERIC, LET ME JUST POINT OUT.

WE DIDN'T -- THIS LAWSUIT WASN'T FILED LAST YEAR OR EVEN TEN YEARS AGO.

I.C.E.

HAS EXISTED ALL THAT TIME.

WHY HAVEN'T WE SUED THEM?

BECAUSE THEY'VE BEEN OPERATING WITHIN THE LAW.

THIS DRAMATIC ESCALATION WHICH HAS RESULTED IN NUMEROUS VIOLATIONS OF PEOPLE'S CIVIL RIGHTS, INCREASED COSTS TO LOCAL GOVERNMENT, DRAMATIC INCREASED COSTS IN THE MILLIONS, DIMINISHING PEOPLE'S ABILITY TO GO TO SCHOOL, TO GO TO THEIR JOBS, TO WORK, ALL OF THAT IS NEW, IS A POLICY CHOICE, IT EVEN IS HAS A NAME, IT'S CALLED "METRO SURGE."

AND WE ONTEND THAT IT VIOLATES THE TENTH AMENDMENT, THE ADMINISTRATIVE PROCEDURES ACT, SEPARATION OF POWERS, AND SO WE'RE HOLDING THEM ACCOUNTABLE.

>> Eric: THANK YOU BOTH.

I KNOW IT'S TO BE CONTINUED BECAUSE THERE'S A LOT MORE -- AT CATH LOT MORE TO TALK ABOUT.