On today’s WCME Midcoast Morning Buzz, Cumberland County District Attorney Jackie Sartoris, defending her decision to prosecute unlawful use of force against ICE agents who may come to Maine.
Sartoris also says she’s suprised that this is controversial, because she says it is about no more than upholding the rule of law.
The district attorney also says that contrary to some beliefs, the U-S Constitution’s supremacy clause does not stand in the way of her plan. She says that if a federal agent is charged with a state crime, and seeks to move the case into federal court, there is first a two-pronged test. The first question is “were they acting under their legally prescribed authority at the time of the alleged crime.” If the answer is yes, the second queston is “did they act in a reasonable manner as an officer.”
If the answers to both questions are “yes”, the state charges are dropped. If not, the case can proceed in a state court setting.
You may heaar the full interview here in two parts.