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Old January 31, 2010, 12:29 AM   #10
KyJim
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Join Date: July 26, 2005
Location: The Bluegrass
Posts: 7,666
Quote:
No I know it'd overturned when it gets to the federal level. Still charged by the state for a state violation, wouldn't that start in the state courts?
When a state charges a federal agent with a crime while they are engaged in their duties, the U.S. can remove any state charge to the federal courts. It would then be simply dismissed. This happened following the Ruby Ridge incident when the state charged an FBI agent with manslaughter.

Alternatively, a federal judge could enjoin a state court from proceeding. They are reluctant to do this normally, but this is not a normal case.

In other words, it's really a waste of ink and paper.
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