Can Local Prosecutors Like Larry Krasner Hold Trump’s ICE Agents Accountable?
Philadelphia’s District Attorney Larry Krasner, a nationally known progressive prosecutor, recently explained how local jurisdictions can push back against potential overreach by federal agents. His remarks came as concerns grow about what enforcement could look like under a second Trump presidency, particularly with immigration raids and expanded use of federal power.
Krasner’s Legal Playbook
Krasner made it clear that no one is above the law, not even federal agents or troops if they commit crimes while operating in local communities. Speaking about possible actions in Philadelphia, he said:
If ICE agents or even military personnel commit assaults, kidnappings, homicides, or other illegal acts, they can be prosecuted in Pennsylvania state courts.
Such offenses include unlawful restraint, obstruction of justice, and assaults beyond legal authority.
Crucially, the President cannot pardon state-level convictions. This means anyone tried and convicted in Pennsylvania would face the full consequences, regardless of presidential action.
In his words: “If you have people coming in — military, ICE, whoever it is — acting beyond their legal authority they can be prosecuted… and they cannot be pardoned by the president.”
Why This Matters
This approach highlights a key legal reality:
Federal pardons only apply to federal crimes.
State-level prosecutions are outside presidential reach.
That’s why Krasner argues that if federal agents overstep their authority and commit crimes, they should face local juries and local laws.
The Bigger Picture
Critics of Trump point to his use of pardons during his first term — particularly the pardons of January 6 defendants — as evidence that he would continue to protect political allies at the federal level. By pursuing state charges, Krasner and other prosecutors believe they can safeguard accountability even if the federal system is compromised by politics.
Supporters see this as a template for Democratic leaders nationwide: use state authority to check federal overreach and ensure accountability when civil liberties are at risk.
Key Takeaway
Larry Krasner’s stance underscores a powerful principle in the U.S. legal system: state courts can prosecute crimes that the president cannot pardon. For those worried about potential abuses by federal agents, this offers a roadmap for how local jurisdictions could push back.
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