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Attorney General Pam Bondi has ordered Nancy Pelosi to “preserve her emails” following her and other California officials’ calls to arrest federal immigration officers operating in the state.
“[Nancy] Pelosi got a letter today from Deputy Attorney General Todd Blanche, so did [San Francisco District Attorney] Brooke Jenkins,” said Bondi to Fox News Thursday. “We told them ‘preserve your emails, preserve everything you have’ on this topic because if you are telling people to arrest our ICE officers, our federal agents, you can not do that, you’re impeding an investigation.”
“We will charge them. If they think I won’t, they have not met me.”
Also Thursday, Deputy Attorney General Todd Blanche confirmed that the DOJ has formally warned California leaders Attorney General Rob Bonta, Governor Gavin Newsom, Pelosi, and District Attorney Brooke Jenkins, to “Stand down or face prosecution” if any attempts are made to arrest or stop feds from enforcing the law.
Transcript of Blanche’s letter (emphasis ours):
Federal agents, officers, and prosecutors work tirelessly every day to advance the public safety mission set forth by President Trump and Attorney General Bondi. Despite receiving no pay during this current government shutdown, federal agents and officers across all four federal districts in California continue to put themselves in harm’s way to keep Americans safe.
Rather than supporting and working with federal law enforcement professionals, California politicians, including U.S. Representative Nancy Pelosi and San Francisco District Attorney Brooke Jenkins, have instead called for state and local law enforcement officials to “arrest” federal agents and officers for enforcing federal laws enacted by the U.S. Congress, including federal immigration laws.
The Department of Justice views any arrests of federal agents and officers in the performance of their official duties as both illegal and futile.
Numerous federal laws prohibit interfering with and impeding immigration or other law-enforcement operations. See, e.g., 8 U.S.C. § 1324(a)(1)(A)(iii) (harboring aliens); 18 U.S.C. § 111(a)(1) (assaulting, resisting, or impeding federal officers); 18 U.S.C. § 372 (conspiring to impede federal officers by force, intimidation, or threat or to injure federal officers); 18 U.S.C. § 1505 (obstructing proceedings before departments, agencies, or committees through threats or force).
Further, the Supremacy Clause of Article VI of the United States Constitution precludes a federal officer from being held on a state criminal charge where the alleged crime arose during the performance of his federal duties. See, e.g., Clifton v. Cox, 549 F.2d 722 (9th Cir. 1977) (citing In re Neagle, 135 U.S. 1 (1890)).
The Department of Justice will investigate and prosecute any state or local official who violates these federal statutes (or directs or conspires with others to violate them).
Accordingly, you are hereby directed to preserve all written and electronic communications and records related to any attempts or efforts to impede or obstruct federal law enforcement officials.
We urge you and other California officials to publicly abandon this apparent criminal conspiracy, to stop threatening law enforcement, and to prioritize the safety of your citizens.
In the meantime, federal agents and officers will continue to enforce federal law and will not be deterred by the threat of arrest by California authorities who have abdicated their duty to protect their constituents.
For the record, below is Pelosi & Congressman Kevin Mullin‘s Wednesday statement that sparked this chain of events:
“Reports of a planned mass immigration raid in the Bay Area are an appalling abuse of law enforcement power. Broad sweeps that target families and terrorize law-abiding residents betray our nation’s values and waste resources that should focus on real threats to public safety.
It is important to note that California law protects communities and prevents federal agents from taking certain actions here that we have witnessed in other states. While the President may enjoy absolute immunity courtesy of his rogue Supreme Court, those who operate under his orders do not. Our state and local authorities may arrest federal agents if they break California law — and if they are convicted, the President cannot pardon them.
The people of San Francisco will continue to stand with the patriotic immigrants who are the constant reinvigoration of America. We will not be intimidated by politically motivated fear tactics.”
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