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The Law and the Shooting of Alex Pretti
Federal agents stand in tear gas in Minneapolis after Alex Pretti was fatally shot by federal agents early Saturday morning. (Alex Kormann/The Minnesota Star Tribune via Getty Images)
If the officers who shot him had a reasonable fear that he was armed, it may not matter in court that his gun had already been seized.
By Jed Rubenfeld
01.27.26 — U.S. Politics
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Desperately dissecting the fatal videos, frame by frozen frame, we hope the horrible images will deliver the legal answer we want. Alex Pretti, disarmed and helpless, was murdered in cold blood by a modern-day Gestapo. Or: Alex Pretti assaulted federal officers, resisted arrest, then reached for a firearm before he was justifiably shot in self-defense.

But the videos are not going to give the country the answers it needs. Even fair and thorough investigations, which should follow, won’t do so. Whether the law inculpates or exonerates the U.S. border patrol officers who killed Pretti in a chaotic confrontation on Saturday—and I’ll walk through the arguments below—at this point that’s not what matters.

The administration is running headlong toward a Kent State moment.

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Jed Rubenfeld
Jed Rubenfeld is a professor of constitutional law at Yale Law School, a free speech lawyer, and host of the Straight Down the Middle podcast. He is the author of five books, including the million-copy bestselling novel The Interpretation of Murder, and his work has been translated into over thirty languages. He lives with his wife, Amy Chua, in New York City, and is the proud father of two exceptional daughters, Sophia and Lulu.
Tags:
Immigration
Minneapolis
Law
ICE
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