2026 Mailbag: Is Any Of This Legal? [TEASER]

6 min

•Feb 3, 20263 months ago

Summary

This 5-4 mailbag episode addresses listener questions about the legality of recent federal actions, particularly ICE enforcement operations. The hosts discuss whether ICE agents can be prosecuted for killings, federal obstruction of state investigations, and the constitutional violations evident in documented cases.

Insights

Federal officers can be arrested and prosecuted by state and local authorities for violating state law, despite federal intervention attempts to block investigations
Video evidence and witness testimony exist in high-profile ICE cases, making convictions legally feasible even without federal cooperation
Federal agencies actively impede state-level investigations by confiscating evidence and asserting jurisdiction over cases involving federal officers
The gap between legal accountability mechanisms and actual enforcement reveals systemic failures in checks on federal law enforcement power

Trends

Increasing federal obstruction of state-level prosecutions of federal officersGrowing public demand for accountability mechanisms against federal law enforcement agenciesRising awareness of constitutional violations by federal agents documented on videoState and local authorities emerging as potential counterbalance to federal law enforcement immunityExpansion of questions about presidential power and constitutional limits during periods of aggressive federal enforcement

Topics

ICE Enforcement and AccountabilityFederal Officer ProsecutionState vs. Federal Jurisdiction in Criminal CasesConstitutional Violations by Federal AgentsEvidence Confiscation by Federal AuthoritiesPresidential Power and Constitutional LimitsSupreme Court Role in Civil Rights ProtectionFederal Law Enforcement ImmunityVideo Evidence in High-Profile CasesWitness Testimony in Federal Cases

Companies

CNN

Former CNN anchor Don Lemon mentioned as arrested in context of federal enforcement actions

People

Don Lemon

Former CNN anchor arrested alongside three others in federal enforcement action

Renee Good

37-year-old mother killed by ICE officer Jonathan Ross; case discussed regarding prosecution possibilities

Alex Preddy

Individual killed by federal agents; case cited as example of documented killings with video evidence

Jonathan Ross

ICE officer identified as killer of Renee Good; federal intervention prevented state investigation

Greg Bovino

Former acting director of ICE referenced humorously in opening segment

Quotes

"The real question is this, is all this legal? Absolutely fucking not."

Host•Opening

"You can arrest and prosecute federal officers for violating the law. The federal government is obviously not going to do it but state and local authorities could do it."

Michael•Mid-episode

"Murder is against the law in the state of Minnesota. And I can do that off the dome. No research. That true."

Michael•Mid-episode

"The feds are able to impede these investigations, but there is video in both cases. There are witnesses in both cases. Convictions have been gotten on less."

Host•Mid-episode

Full Transcript

The real question is this, is all this legal? Absolutely fucking not. suggestions. In the years since, we've seen the White House double down with terrible consequences. Residents still mobilizing after an ICE officer shot and killed a 37-year-old mother. Overnight, outrage in Minneapolis after the killing of Alex Preddy. Federal agents today arrested former CNN anchor Don Lemon and three others. Uncertainty for two Chula Vista children. This week, ICE detained both their parents after they dropped the children off at school. ICE agents detained her husband outside their Georgia home. Ice agents used a crowbar to pry open his window before smashing it to pieces and then pulling him out of the vehicle. Understandably, you all had questions. Can ICE agents be prosecuted? If so, how? Can the president unilaterally cancel the midterms? Is it even worth knowing your rights when there are videos showing federal agents routinely ignoring the Constitution every day How does all of this reflect on the modern Supreme Court This is 5 to 4 a podcast about how much the Supreme Court sucks Welcome to 5 to 4, where we dissect and analyze the Supreme Court cases that have removed our civil rights, like ICE being removed from Minneapolis. I'm Peter. I'm here with Michael. Hey, everybody. And Rhiannon. Hey, y'all. As you're all aware, over the winter, I got myself a big green sort of like military overcoat. And I was like, this is so cool. I'm having a real cool guy winter. And then Greg Bovino started wearing a not totally dissimilar jacket. And everyone was like, he's in Nazi cosplay. And I was like, oh, I don't know. I don't know necessarily that that's what he's doing. What am I signaling here when I'm in the Target parking lot? Yeah. What if he's just trying to be like a cool guy with like a cool fashionable jacket, you know? Anyway, no one listened to me, but now he's gone. And it's been good for me because I feel I can freely wear it again. And it was the most expensive jacket I ever bought Peter it sounds like congratulations are in order Ice out of Minneapolis and Greg Bovino out of whatever acting director of Ice. Ice out of Minneapolis, Peter out of the house with a cool jacket. Alright, folks. We are doing a mailbag episode today. Every few months we have to do one of these now because people just keep peppering us with questions. Everyone's just like, how is this legal? How is this happening? And we have to explain. We have to explain that it's not legal. And it's happening anyway. And that we don't know how it's happening. So I think the place to start and the question we really got the most is about ICE. Several people asked whether it is possible or probable to arrest and prosecute ICE, especially for the murders of Renee Good and Alex Preddy. There is sort of a sub question here, which is, are there other ways to hold them accountable? But let's start with prosecutions, because I think this is sort of on everyone's mind. Yeah. And the answer is just a pretty straightforward. Yeah. You know, you can you can arrest and prosecute federal officers for violating the law. The federal government is obviously not going to do it but state and local authorities could do it Right Right Murder is against the law in the state of Minnesota Right And I can do that off the dome No research That true And so yeah I mean in the case of Jonathan Ross, the killer of Renee Good, the feds sort of intervened and confiscated a bunch of evidence and said that they would not allow state and local authorities to investigate. So yes, the feds are able to impede these investigations, but there is video in both cases. There are witnesses in both cases. You know, you can subpoena evidence in both cases. Convictions have been gotten on less. Hey folks, if you want to hear the rest of this episode, you're going to have to subscribe. This episode is one of our premium Patreon only episodes. membership starts at just five bucks a month so if you want to hear the rest join us at patreon.com slash five four pod that's five four pod all spelled out members get a bunch of stuff not only do you get access to the premium episodes but access to subscriber only events discounts on merch and at the ten dollar a month level you get bigger discounts on merch and membership in the incredibly rowdy five to four slack so again that's patreon.com slash five four pod five four Pod all spelled out. Become a member today.