California Attorney General Rob Bonta and Gov. Gavin Newsom issued a bulletin Tuesday, Jan. 27, reaffirming local and state agencies’ authority to investigate possible crimes committed by federal agents. One local district attorney for Orange County agreed, though he cautioned about what he called the bulletin’s partisan tone.
The bulletin follows recent federal officer-involved shooting deaths in Minnesota and what the California officials describe as federal interference with state and local investigations into those shootings.
According to the California Department of Justice, the recent federal officer-involved shooting deaths in Minnesota of Renee Good and Alex Pretti, were cited as context for the bulletin, which emphasized state and local authority to investigate potential crimes by federal agents and outlines support for law enforcement seeking access to evidence.
“Especially when a fatal shooting occurs, no one should be allowed to rush in, seize evidence, and control the narrative before state and local law enforcement have lawful access,” Newsom said in a statement. “Transparency isn’t a talking point; it’s a legal requirement.”
Bonta said federal agents do not have absolute immunity from state law prosecution and that California has the authority to independently investigate potential violations of state law, even when those actions are taken by federal officials.
The bulletin advises that California law enforcement agencies have primary authority to investigate potential violations of state criminal law and are not required to defer to federal authorities. It also states that the state Department of Justice can assist agencies in accessing evidence and, if necessary, seek court orders to preserve it.
Orange County District Attorney Todd Spitzer said he supports the bulletin’s focus on accountability for the use of force by government agents, though he described its tone as partisan.
“It doesn’t matter whether you’re Republican or Democrat — this is about protecting the public from excessive use of force by the government,” Spitzer said.
Spitzer urged members of the public to contact their local police department or sheriff’s office if they believe a crime or excessive use of force has occurred involving a federal agent, saying investigations depend on reports from victims or witnesses.
He said his office has been in contact with the Santa Ana Police Department but has not yet received a report related to a protester who was blinded in one eye after being struck by a less-than-lethal projectile during a Jan. 9 protest in Santa Ana, adding that he was surprised no report had been filed.
“I am beyond concerned about this situation both in Orange County and nationally, and I’m not going to sit idly by,” Spitzer said. “But I need victims to come forward.”
Spitzer said his office would thoroughly investigate any reports made to local law enforcement agencies.
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