OAKLAND, Calif. — California Attorney General Rob Bonta and Gov. Gavin Newsom on Tuesday issued guidance reminding state and local law enforcement agencies of their concurrent jurisdiction to investigate state law crimes committed by federal agents, according to a California Department of Justice press release.
The guidance follows the federal government’s refusal to cooperate with state and local investigations into two recent federal officer-involved shooting deaths in Minnesota.
Federal and state law enforcement agencies have long worked together on investigations that can result in both federal and state criminal charges. Those efforts have traditionally operated on the assumption that neither agency will obstruct the other’s investigation.
However, according to the Department of Justice, the federal government’s response to the deaths of Renee Good and Alex Pretti in Minnesota, along with its conduct in other cases, has made clear not only that it will not investigate such incidents, but that it will also attempt to thwart other agencies from doing so.
The Department of Justice said it is prepared to support state and local law enforcement agencies in asserting their rights to potential crime scenes and evidence relevant to active investigations of potential state law crimes.
Attorney General Rob Bonta stated, “California stands ready to take all necessary steps to investigate potentially unlawful conduct by federal agents that occurs on our soil, and where the facts warrant, file charges for violations of the California Penal Code.”
He also stated, “While federal and state law enforcement have long collaborated on investigations that result in both federal and state criminal charges, unfortunately, as recent events in Minnesota have made clear, cooperation in the conduct of such investigations can no longer be expected from the federal government. This reality does not change our responsibility to conduct a thorough, independent investigation of potential state law crimes, and I promise that my office will do just that.”
Gov. Gavin Newsom expressed similar concerns, stating, “Trump Administration officials have repeatedly lied to the American people. Given what has happened in Minnesota, we cannot outsource our fundamental duty to protect Californians by simply accepting federal narratives.”
He also stated, “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. Concerns that the federal government was doing exactly that in obstructing Minnesota state and local law enforcement investigations into the tragic killing of a 37-year-old VA nurse prompted a Trump-appointed judge to order the Trump Administration not to destroy evidence relevant to the investigation.”
California officials said the state is prepared to take all necessary steps to investigate unlawful conduct by federal agents occurring within California. Local law enforcement agencies are now encouraged to contact the California Department of Justice’s Division of Law Enforcement to access potential crime scenes and evidence relevant to active investigations.
Californians are also encouraged to report incidents of federal agent misconduct through the Department of Justice’s online portal at http://oag.ca.gov/reportmisconduct.
Both Attorney General Bonta and Gov. Newsom said they remain committed to opposing what they describe as the Trump administration’s unlawful militarized tactics while upholding public safety. As part of those efforts, Bonta previously led a coalition that filed an amicus brief opposing unlawful immigration stops in the Central Valley.
They also secured a decision from the U.S. District Court for the Northern District of California ending the continued federalization and deployment of California National Guard troops in and around Los Angeles.
Overall, Newsom and Bonta say their actions reflect an effort to confront misconduct by federal agents who evade accountability because of their status or power, while prioritizing public safety and justice within California.
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