Drudge Retort: The Other Side of the News

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donnerboy

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Monday, January 26, 2026

Contact your Senator now and tell them not to fund DHS until they are held accountable for their actions. No Secret Police in America! read more


Thursday, January 22, 2026

Mr Smith goes to Washington to remind Congress and America of Trump's crimes and that no man should be above the law.


Sunday, November 30, 2025

this happened as described in the Post report, it was, at best, a war crime under federal law. I say "at best" because, as regular readers know, I believe the attacks on these suspected drug boats " without congressional authorization, under circumstances in which the boat operators pose no military threat to the United States, and given that narcotics trafficking is defined in federal law as a crime rather than as terrorist activity, much less an act or war " are lawless and therefore that the killings are not legitimate under the law or armed conflict. (See my Saturday column, with links to prior posts on this subject.) read more


Thursday, November 20, 2025

A federal judge on Tuesday ordered several Texas public school districts to take down posters displaying the Ten Commandments ... read more


Comments

California has got your backs.

Be advised that violations of California state law may be investigated by any state or local law enforcement agency, even if the potential violations involve federal agents or officers.

See e.g. Idaho v. Horiuchi (9th Cir. 2000) 215 F.3d 986, vacated as moot by Idaho v. Horiuchi (9th Cir. 2001) 266 F.3d 979.

And where the facts warrant it, state or local prosecutors may file charges against federal agents or officers for violations of state criminal laws.

See In re Neagle (1890) 135 U.S. 1; Wyoming v. Livingston (10th Cir. 2006) 443 F.3d 1211, 1222.

As stated by the United States Supreme Court, "the States possess primary authority for defining and enforcing the criminal law." Engle v. Isaac (1982) 456 U.S. 107, 128; see also U.S. v. Lopez (1995) 514 U.S. 549, 561 fn. 3.

The Court has observed that "the Constitution requires a distinction between what is truly national and what is truly local," and "[in] recognizing this fact we preserve one of the few principles that has been consistent since the [Commerce] Clause was adopted. The regulation and punishment of intrastate violence that is not directed at the instrumentalities, channels, or goods involved in interstate commerce has always been the province of the States."

U.S. v. Morrison (2000) 529 U.S. 598, 599, 617-618; see also Cohens v. I Virginia (1821) 6 Wheat. 264, 426, 428, 5 L.Ed. 257 (Marshall, C.J.) stating that Congress "has no general right
to punish murder committed within any of the States," and that it is "clear ... that congress cannot punish felonies generally").

Where potential criminal conduct occurs while a federal agent or officer is carrying out federal duties, joint-investigations and information sharing agreements continue to be best practices if feasible for investigating such instances. However, in light of the federal government's recent actions, it is important to recognize that the interests of the state are not subordinate to federal interests when it comes to regulating local crime. State and local law enforcement agencies maintain independent authority to investigate all potential violations of California state law even in instances where federal authorities may decline to cooperate.

oag.ca.gov

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