“What Are You Hiding?” Minnesota AG Keith Ellison Says ICE Killing of Renee Good Must Be Investigated

AMY GOODMAN: More details are emerging about Renee Good, the mother of three, the award-winning poet, who was shot and killed in her car by a federal immigration agent Wednesday during a surge of immigration enforcement in Minneapolis, prompting peaceful vigils and protests for the past two days in Minneapolis and around the country. Good’s family and neighbors say she had persevered after the death of her second husband, who was a military veteran who suffered from post-traumatic stress disorder, and found a new home and community in Minneapolis.

Meanwhile, Vice President JD Vance addressed the killing of Good during a White House press conference Thursday.

VICE PRESIDENT JD VANCE: I can believe that her death is a tragedy, while also recognizing that it’s a tragedy of her own making and a tragedy of the far left, who has marshaled an entire movement, a lunatic fringe, against our law enforcement officers.

AMY GOODMAN: Vice President Vance claimed Renee Good had aimed her car at the ICE agent, but The New York Times published a slow-motion analysis showing how her vehicle was turning away from the officer when he opened fire, shooting her in the face. Vance also claimed the ICE agent who shot and killed Renee Good is protected by “absolute immunity.”

VICE PRESIDENT JD VANCE: The precedent here is very simple. You have a federal law enforcement official engaging in federal law enforcement action. That’s a federal issue. That guy is protected by absolute immunity. He was doing his job. The idea that Tim Walz and a bunch of radicals in Minneapolis are going to go after and make this guy’s life miserable because he was doing the job that he was asked to do is preposterous.

AMY GOODMAN: The ICE agent who’s seen on video shooting Good was wearing a mask, but has now been identified as Jonathan Ross. Court records show that during a traffic stop last year, he was pulled about 100 yards while firing a stun gun at the driver’s head.

This comes as Minnesota state investigators say the FBI is blocking them from accessing, quote, “case material, scene evidence or investigative interviews necessary to complete a thorough and independent investigation,” unquote, into the ICE shooting of Renee Good. On Thursday, Homeland Security Secretary Kristi Noem said the Minnesota Bureau of Criminal Apprehension, the BCA, does not have the jurisdiction to investigate the shooting. That unit was set up after the police murder of George Floyd in 2020. The move prompted outrage among Minnesota state officials, including Minnesota Governor Tim Walz, who posted this video Thursday night on social media.

GOV. TIM WALZ: You witnessed in Minnesota yesterday a tragedy: the death of Renee Good on the streets at the hands of a federal agent. You also witnessed last night a beautiful vigil, a peaceful vigil, people expressing their constitutional and First Amendment rights in a peaceful manner. And for that, I say, “Thank you.”

I’ve been very clear: We need a couple things here. We need Minnesota to carry out this investigation, to make sure that the professionals at the BCA and that local law enforcement, who’s in charge of law enforcement, make sure we do the investigation, and then to pull back this unnecessary surge.

And so, with that, I would ask for all of us to continue to do this peacefully, continue to raise our voices, but do so in a manner that brings about that sense of community. In Minnesota, I’m declaring tomorrow, at 10 a.m. on January 9th, I’d ask everyone to pause for a moment of silence to remember Renee Good, also to remember all that’s good and right about this nation.

AMY GOODMAN: Meanwhile, on Thursday in Portland, Oregon, ICE agents reportedly shot and injured two people. This prompted the Oregon attorney general to announce his own investigation focused on, quote, “whether any federal officer acted outside the scope of their lawful authority,” unquote.

Elsewhere, in Philadelphia, District Attorney Larry Krasner had this warning for ICE agents.

LARRY KRASNER: If any law enforcement agent, any ICE agent, is going to come to Philly to commit crimes, then you can get the F— out of here, because if you do that here, I will charge you.

AMY GOODMAN: For more, we’re joined n Minneapolis by the chief law enforcement officer of Minnesota, Attorney General Keith Ellison. He oversaw the investigation and prosecution of former Minneapolis police officer Derek Chauvin and three other police officers involved in the murder of George Floyd.

Welcome back to Democracy Now!, Attorney General Keith Ellison. If you can start off by explaining what has taken place, first responding to the killing of Renee Good, and then, while at first the FBI was cooperating with the state and investigating her death, now they have pulled out?

ATTORNEY GENERAL KEITH ELLISON: Yes. At this point, where there is no joint investigation as that we started out and that there — and that was happening, we’ve been notified that at this point federal authorities have claimed exclusive authority over the evidence. And that is certainly a problem, for a multitude of reasons. One is that this case must be independently investigated. There must be a fair, transparent investigation of all of the facts.

You know, homicides — and this clearly is a homicide. And I’ll just note for your readers, homicide and murder are not exactly the same thing. Murder is a legal conclusion. Homicide really just says death by the hands of another. This is clearly a homicide. And because of that, the states, traditionally, historically, have had priority and jurisdiction over these kind of matters. It’s certainly the right thing for local authorities, state authorities to be intimately involved in conducting this investigation.

So, the fact that the federal authorities have said, “This is our case, not yours,” and when you add on that the president, vice president and the secretary of homeland security have already exonerated the — Jonathan Ross in this case, the ICE agent, that’s deeply disturbing. And my thought is: What are you hiding? I mean, if you feel that you’re — that the ICE agent operated within the law, then let there be an investigation so that that can be revealed. But if you just exclude state authorities, stop, frustrate, undermine a fair, transparent investigation, then any result you come up with will look simply like a whitewash and, you know, covering up, you know, what could well be nefarious, bad activity.

I just want to say to your listeners, too, of course, I have my own eyes that have seen the tape. But I, because of the role I play in our state, have to maintain a position that the case needs to be investigated before I jump to and declare an outcome. I’m trying to not do what these — what I believe is irresponsible rhetoric by the president, vice president and secretary by simply stating a conclusion before we’ve been able to do an investigation. I got common sense, and I got good vision. This is an outrage. But I think those of us who are responsible for delivering meaningful justice, as we did in the Floyd case, it’s our job to not prejudge the facts, but to gather them, examine them and then determine charging decisions. That’s not what the federal authorities are doing. And I’m calling on them to reconsider their very poor policy decision and to stop their rhetoric that prejudges the facts, and, please, stop smearing the name of Renee Good.

This woman lost her life trying to look out for the most vulnerable of her neighbors. That is how she died, as a legal observer trying to make sure the most vulnerable of her neighbors were safe and secure in their lives. She was a good person. She was a mother of three, a mother of a 6-year-old, who, according to reports, she had just dropped off from school. And I urge these leaders in our federal government to knock off the smear tactics on this woman’s life.

AMY GOODMAN: And how do you respond to Vice President Vance saying that the ICE agent who killed Renee Good has immunity?

ATTORNEY GENERAL KEITH ELLISON: That is a misstatement of the law. It simply is untrue. It is wrong. And I don’t know what law school he went to, but he sure didn’t go to — he sure wasn’t paying attention if he was there. Clearly, state authorities can, in the right circumstances, subject to the requirements of the — something called the Supremacy Clause, state authorities can charge and investigate criminal acts by federal authorities. There’s a lot of precedent in it. There’s plenty of case law on it. There’s no question that it is absolutely something the state has the authority to do.

Now, again, there is an immunity, but it’s not absolute. And essentially, if the state can meet the burden of the Supremacy Clause, which are a two-pronged test, legal test, those prosecutions can certainly go forward. It’s possible that you may end up trying the case in federal court, certainly possible. I’m not saying that that is what will happen. I’m not prejudging the facts or the circumstances of the case. I’m simply saying that Mr. Vice President Vance is wrong on the law, or he’s deliberately misrepresenting it to the American people.

AMY GOODMAN: And the Hennepin County district attorney also said that he could be arrested and charged. If you could explain — 

ATTORNEY GENERAL KEITH ELLISON: She’s right.

AMY GOODMAN: If you could explain: How do you conduct an investigation if the FBI is withholding their — what they have accumulated so far? And do they have hold of the bullets? Do they have the casings, the car? Who’s got control of all of this?

ATTORNEY GENERAL KEITH ELLISON: It’s in the feds’ possession. And they’re saying they’re not going to include the state authorities or local authorities, and that it’s only up to them to conduct the investigation. And so, how do — you asked: How do you do it? Well, it’s very hard, isn’t it? You know?

I can assure the people of the state of Minnesota and the United States that we are leaving no stone unturned, either from an investigative or from a legal standpoint. We are working around the clock to make sure justice is served. And justice is not an outcome; it is a process.

So, I just want to be — you know, as the attorney general for the state of Minnesota, you know, of course, I’m an individual person, can have my individual points of view. Again, as I said, my eyesight is good. I saw the same video as all of you are watching. But I’m not going to declare what happened in this. But I can tell you this: Clearly, the federal authorities have made the investigative process infinitely more difficult by the action that they’ve taken. I’m urging them publicly now to reverse this incorrect and improper decision.

Let me just say, theoretically, possibly, let’s just say that there’s some evidence out there that would somehow exonerate this Mr. Jonathan Ross. If you don’t have a independent investigation, then no one will ever believe that there was evidence that would exonerate. And I’m not saying he should be exonerated; I’m not saying he shouldn’t be. I’m simply saying, having a closed-off, exclusive investigation, when top authorities in the federal government have said the state is excluded from the investigation, is a recipe for no confidence in whatever outcome they have. They need to reverse this very bad decision, let justice, the process of justice, unfold, including the state of Minnesota fully as a partner in this investigation, and then just let accountability go where it goes.

You know, the fact is, is that this is essential for public confidence, for — and public confidence is essential to public safety and trust. So, this is an urgent and worrisome matter that the federal government has taken this position. And so, I just say, to your question, good question, the federal government is taking the wrong tack here, and they need to reverse their decision.

AMY GOODMAN: The Bureau of Criminal Apprehension was set up after George Floyd’s murder.

ATTORNEY GENERAL KEITH ELLISON: Right.

AMY GOODMAN: The BCA is now — the FBI is refusing to cooperate with them. You know well how to take over an investigation. In fact, as attorney general, when Hennepin County wasn’t going to charge the police officers in George Floyd’s death, you took that over. So, what lessons have you learned for how you’re going to deal with this today, when they’ve got the evidence, but you’ve got to conduct an independent investigation?

ATTORNEY GENERAL KEITH ELLISON: Well, Amy, I wish I could tell you and your audience every single thing that I’m working on right now. Unfortunately, I can’t do that. But I want to just tell you and your listening audience that I’m doing every single thing I can to make sure that there’s a full, fair and independent investigation, and if charges are warranted, they will be filed. I just want to let you know that. But in terms of the inner workings of our investigative process, I will just ask you and the public for a little bit of deference for us to do the work that we do. But please know: No one on this planet needs to push me to seek justice. As you just pointed out, you know, we went after justice in the issue of the murder of George Floyd. We prevailed. We were able to achieve convictions in those cases. And we will do the same whenever we’re called upon to play a role in the process of justice.

So, people can rest assured, we’re going after it, and we’re pursuing the law to the degree — I mean, fully. We’re pursuing the facts to the degree that we are able and not blocked by the feds. So, I’m just assuring the people of that, asking for deference, that you not make me just quote chapter and verse on every single step we’re taking, because it’s not to the advantage of the case.

AMY GOODMAN: Last question, and this isn’t on the killing of Renee Good, but what happened hours after.

ATTORNEY GENERAL KEITH ELLISON: Right.

AMY GOODMAN: Minnesota Governor Tim Walz and other officials are calling on ICE agents to stay away from schools in Minneapolis, after armed, masked —

ATTORNEY GENERAL KEITH ELLISON: Right.

AMY GOODMAN: — Border Patrol officers came onto the property of Roosevelt High School during a dismissal — during dismissal on Wednesday. Agents deployed chemical weapons, tackled people, handcuffed two staff members. U.S. Border Patrol Commander Gregory Bovino was at the school during the operation. Minneapolis schools closed again today for in-person classes. I want to play a clip of the former Minnesota governor, independent, Jesse Ventura. He’s a former Navy SEAL, who spoke to Fox 9 after visiting his alma mater, Roosevelt High School.

JESSE VENTURA: As a graduate of Roosevelt High School and as the former governor of Minnesota, I’m so proud of Roosevelt High School and how they stood up for what is supposed to be America and freedom. And freedom is not arresting people without warrants. We have a system here. It’s called the Constitution. And we have a party, the Republicans, who don’t seem to want to abide by the Constitution.

AMY GOODMAN: That’s former Governor Jesse Ventura, wearing a SEAL team hat. Attorney General Keith Ellison, what about what’s happening at the schools, these students and teachers being hit with chemical weapons, with — being sprayed at recess?

ATTORNEY GENERAL KEITH ELLISON: It’s Third Reich stuff, Amy. And I fully embrace the sentiments expressed by Governor Ventura. But it’s schools, and it’s also daycare centers. It’s shopping malls, mercados. It is religious institutions. It’s everything. This is an unprecedented attack on American institutions.

And let me just tell you, linking your question to what happened to Renee Good, and leaving aside whatever happened in those critical seconds when Jonathan Ross shot her and killed her, the surge and escalation in the tactics directed by the president are directly responsible for the upheaval and interruption of education and the death of Renee Good. The escalation, the unwarranted, I believe unconstitutional, escalation, illegal escalation, is why these tragic events are unfolding. Absent this escalation, I believe Renee Good is taking her 6-year-old to school again. Absent this, the children of Roosevelt High are going to take algebra and math and gym.

And so, this is what it is. This is Third Reich stuff. This is reminiscent of every authoritarian, tyrannical leader. It’s reminiscent of this kind of behavior. Governor Ventura is absolutely right. And I’m asking Minnesotans exactly what Tim Walz is asking them for: protest. It is your right. You must protest. Do it peacefully. Let’s not give the president the excuse he’s looking for. But you must raise your voices. But let’s do it in a peaceful manner, in a way that demonstrates our outrage and disgust with this, but in a way that keeps everybody as peaceful as possible. But I’ve got to tell you, I agree with the governor, Governor Ventura, on this one.

AMY GOODMAN: Governor — Minnesota Attorney General Keith Ellison, thank you so much for joining us from Minneapolis.

ATTORNEY GENERAL KEITH ELLISON: Thank you, Amy.

AMY GOODMAN: Next up, the Oscars shortlist features five films on Israel and Palestine. We’ll look at two of them, starting with The Voice of Hind Rajab, about a 6-year-old Palestinian girl killed by Israeli forces in Gaza. It’s up for the best international feature film. Stay with us.

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AMY GOODMAN: “Sabbal ’Uyūnuh,” “He Lowered His Eyes,” a funeral song, performed by the New York City Palestinian Youth Choir.