Another Death in the Morning

I won’t spend as much time analyzing the shooting death of Alex Pretti as I did previously with Renee Good. One colleague criticized my approach as “frame-by-frame” as if more detail and thoughtful analysis was unnecessary. It’s a sad commentary on where we are when otherwise rational people take such a position. Instead, I recommend you read/view this New York Times analysis which does a fair job of analyzing the scene. But I will add some thoughts in general.

1. Continuing the theme that our national derangement has left folks unable to think clearly, gun-restriction enthusiasts are now championing the dead man’s right-to-bear-arms in a confrontation with law enforcement. And Second Amendment absolutists are questioning it. Foolish (key word) consistency is the hobgoblin of small minds. These role reversals denote no minds at all.
2. I see nothing in the Times’ analysis which suggests a deadly threat. Pretti could barely be described as impeding, as he backs away from one agent and only briefly touches him when that agent pushes a woman over a snowbank. This is a normal reaction for anybody in such a situation. He does then resist, as it takes six agents to take him to the ground, and even then he remains on his knees, not prone (which would be the position law enforcement would be placing him in for detention). But resistance is not a threat. The discovery of his weapon amidst the scrum is handled by one agent removing it, yet another then opens fire. While the Times makes much of the number of shots subsequently fired, I will point out again that once an officer makes the decision to use deadly force, that officer (and others) are authorized to continue firing until the target is completely neutralized (ie, dead or incapacitated). If you want to make the case for warning shots or shooting people in the legs or whatever, you’re in the realm of TV, not the real world. Those are the rules established (repeatedly) by the Supreme Court. The issue here is the lack of a reasonable cause for deadly force in the first place, because there probably is none. I only say “probably” because we don’t have all the video and audio.
3. Mr. Pretti’s right to carry a weapon is undeniable. His duty to be responsible when doing so can be questioned. The fact he went to the trouble of getting a concealed carry permit suggests he was a serious, law-abiding person. We don’t know whether he had his permit and identification on him, as required by Minnesota state law, but even if he didn’t, it’s a misdemeanor punishable by a minor fine and can be remediated simply by showing one has a valid permit. As a serious, law-abiding citizen, he no doubt knew that Minnesota is a duty-to-acknowledge state with respect to carrying weapons. Some states require those carrying weapons to announce so to law enforcement (called duty-to-disclose). Minnesota only requires one to acknowledge carrying a weapon “if asked” by law enforcement. However, nearly all gun-rights organizations have training (real and online) telling in detail exactly how to disclose your carry status when dealing with law enforcement, explaining it is always best to do so, because the sudden discovery of a concealed weapon can become deadly. Needless to say, engaging in a scrum is not a responsible way to conduct your right to concealed carry.
4. The immediate overreaction by those vilifying the agents involved is expected, if unfortunate. Even if the crticis are ultimately justified, they were wrong to jump to conclusions. I am more offended by the similar over-reaction by ICE and DHS officials. Immediately declaring the victims were “domestic terrorists” is beyond the pale, especially given the lack of a formal investigation in the Good shooting, and the lack of a completed one in the Pretti shooting. Standing up for your agents can be accomplished with tact and not at the expense of the reputation of American citizens. President Trump should fire DHS Secretary Noem, as she lacks all public credibility at this point. Border Patrol Commander Bovino merits the same treatment.
5. Both shootings merit full, independent investigations. Of the orders given, the actions taken, and the motives involved. On all sides. ICE needs to assess its use-of-force criteria, especially when dealing with citizens rather than illegal/undocumented persons. Telling people that ICE agents have no authority to arrest US citizens is not only wrong, it’s deadly. Suggesting impeding them is some type of game should likewise be treated as a criminal activity.
6. The propaganda from both sides has to stop, as it fuels the tension. If states or cities don’t want to cooperate with ICE, that is their prerogative. So don’t ask your criminals about their immigration status, or don’t notify ICE when such people are released. Fine. But providing local police to create a perimeter where ICE is conducting an ERO is NOT cooperating with ICE: it’s doing your job, protecting your citizens. Watch the Good video. Watch the Pretti video. What’s the one thing you don’t see in those videos? Local police doing what they did under the Obama and Biden and even the first Trump administration: creating a buffer between people and ICE agents doing their federal job. Your Governor or Mayor does NOT get to determine whether (or even how) the federal government enforces immigration law. You don’t have to cooperate, you do have to render assistance, because that’s in the best interest of your citizens. Just Do it!
7. The Trump administration blundered badly when it veered from nationwide immigration enforcement and started a targeted operation in Minnesota because of the extensive federal funding fraud there. You don’t fight fraud with ICE or Border Patrol. While ethnic Somalis were involved in the fraud, there isn’t a nexus to the same persons being here illegally. The full weight of the DOJ (FBI) and Treasury (IRS) needs to be brought to bear on the situation. Mixing in DHS/ICE and Border Patrol only confused the situation.
8. Let’s stop arguing about the “worst of the worst,” shall we? First off, there are over one-million people in the country who have received final deportation orders. This means they have attended all the hearings, applied for every type of relief, and been denied. They have exhausted all due-process. And when they were called to report for deportation, they simply didn’t show. Some have been here for decades. They are not guilty of any other crime, but they have no legal recourse to stay in the country. If you’re arguing they get to stay, you’re saying the law does not matter. Second, while the administration argues the vast majority of those it is deporting are criminals, they play fast and loose with the statistics. They include people who have been convicted along with people who have only been charged, not convicted of a crime. Oh, and they even include people who have had previous convictions or charges dropped or erased from their records through remediation, including sealed records. Some people recoil at this. I only point out that all these things (convictions, charges, and even remediated cases) ARE specifically permitted to be used in determining whether to deport someone. Once again, the rights of a citizen are not the same as those of someone trying to become a citizen or resident. Finally, the illegal alien detained by ICE at the scene where Mr. Pretti was killed was a man previously charged by state and local officials for domestic assault and disorderly conduct. Yes, state and local police. You and I may argue whether those charges are enough to deport someone, but you can’t make up the idea the detentions are random. Last year, there was a major increase in non-criminal removals as a result of “collateral arrests,” where ICE agents executing a warrant for one individual also arrest everyone else present at the scene who lacks legal status. That is not random, either.

If you want to go all-in on abolishing ICE or promoting MAGA, you probably don’t like my analysis, and frankly, yours is a tired take. If you want to argue a point or an opinion, have at it. There are other ways to parse the data, or make the case for or against immigration enforcement /reform. I’m interested in solutions, especially those that fix an immigration mess decades in the making and recently resulting in American citizens dying at the hands of federal agents.