After Alex Pretti was shot to death by two federal agents in Minneapolis, FBI Director Kash Patel told reporters, "You cannot bring a firearm loaded with multiple magazines to any sort of protest that you want. It is that simple."
Pretti's firearm was licensed and Minnesota is an open carry state. Pretti's firearm was holstered and strapped to his waist when he was killed. The Hennepin County medical examiner ruled Pretti's death a homicide.
Director Patel was appointed by Republican President Donald Trump. His political persuasion makes his comment even more extraordinary. The right to bear arms has been a big Republican Party issue for decades. Conservative politicians have strongly defended the Second Amendment by successfully passing gun rights laws, such as concealed carry and stand-your-ground, in every state.
The federal government's assault on the Second Amendment didn't stop with Patel. According to USA Today, first assistant U.S. Attorney for the Central District of California, Bill Essayli, faced harsh criticism from gun rights groups after he posted, "If you approach law enforcement with a gun, there is a high likelihood they will be legally justified in shooting you."
White House Deputy Chief of Staff Stephen Miller was quick to label Pretti "a domestic terrorist" in the aftermath of the shooting.
Top Border Patrol official Greg Bovino said, "This looks like a situation where an individual wanted to do maximum damage and massacre law enforcement."
It was not that long ago that GOP officials, including Trump, supported 17-year-old Kyle Rittenhouse, who traveled to Kenosha, Wis., during unrest to "protect" businesses. Rittenhouse fatally shot two men who had tried to grab his gun. Rittenhouse was ultimately acquitted of criminal charges.
The GOP's about face on the Second Amendment has not gone unnoticed. "Mr. Pretti was not violating the law in terms of the Second Amendment. He had a protected right, and the law in Minnesota did not prohibit him from carrying a firearm," Rob Chadwick with the U.S. Concealed Carry Association, told ABC News affiliate in Chicago.
In the wake of past incidents of gun violence, politicians provided their all too familiar "stop the needless violence" speeches, and then began to posture to protect their political interests.
Republicans will lament that the Second Amendment is sacrosanct and beyond the limits of mere mortals to contest. Democrats will nibble around the edges of gun regulation — trying to avoid getting constituents in right-leaning districts too excited.
This time is different. The contempt for the administration's initial position with regard to Pretti has been bipartisan. The White House scrambled to ease the controversy. Trump had a positive telephone conversation with Minnesota Gov. Tim Walz, whom Trump had only recently vilified and threatened to investigate. Bovino has been removed from Minneapolis.
Initially, the federal government said the Department of Homeland Security would conduct an internal review to determine whether the agents' use of force complied with internal protocols and training. That directive has changed. U.S. Deputy Attorney General Todd Blanche has announced that the Department of Justice has opened a federal civil rights investigation into the killing of Pretti.
Blanche said the FBI will lead the investigation alongside lawyers from the Justice Department's Civil Rights Division and Homeland Security Investigations.
According to JuristNews, the shift effectively elevates the inquiry from an internal compliance review to a formal civil rights investigation, opening the door to grand jury subpoenas, sworn testimony, and "a potential criminal charging decision evaluated under the demanding 'willfulness'" standard that governs federal prosecutions of law-enforcement officers."
The killing of Pretti, and the sudden change of direction by the administration has, all but, pushed aside the shooting death of Renee Good at the hands of a U.S. Immigration and Customs Enforcement agent in Minneapolis. Good was shot through the front window of her vehicle as she turned around. Good's killing deserves the same scrutiny as Pretti's.
Matthew T. Mangino is of counsel with Luxenberg, Garbett, Kelly & George P.C. His book The Executioner's Toll, 2010, was released by McFarland Publishing. You can reach him at www.mattmangino.com and follow him on Twitter @MatthewTMangino
Photo credit: Wesley Tingey at Unsplash
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