Bryna Godar

Nine DAs are coalescing to work on prosecuting federal agents for 'overreach':

—L. Krasner in Philly
—J. Creuzot in Dallas
—M. Moriarty in Minneapolis
—L. Conover in Tucson
—S. Descano in Fairfax (VA)
—R. Fatehi in Norfolk (VA)
—S. Morales in Portsmouth (VA)
—P. Dehghani-Tafti in Arlington (VA)

DOJ's Oregon case officially dismissed: Yesterday, the judge called a hearing to require DOJ to explain how AG Bondi's weekend demand for MN's voter data in exchange for ICE leaving impacts the OR case. The judge's prior "tentative" dismissal is now final, though an opinion is still forthcoming. 15/

Exploring State Checks Against Federal Overreach Published: August 8, 2025 Updated: January 21, 2026 States have many tools to help counter federal abuses of power. Facing a torrent of controversial federal government actions, states today are pursu...

To learn more about states’ powers in this moment, check out our checks on federal overreach pieces, including on state prosecutions of federal officials and on DOJ’s efforts to access state voter rolls (which Bondi raised in her MN letter yesterday) statedemocracy.law.wisc.edu/research-exp...

Are Federal Officials Immune From State Prosecution? Contrary to recent assertions, federal officers do not have blanket immunity from criminal prosecutions brought by states.

It seems timely to re-re-up this crystal clear Nov. 2025 @lawfaremedia.org article explaining precisely when federal officers can and cannot be criminally prosecuted by state authorities. It's by @bgodar.bsky.social of Univ of Wisconsin
www.lawfaremedia.org/article/are-...

DHS has shot 12 people during immigration enforcement operations since September:

Order on Motion for TRO – #10 in Minnesota Bureau of Criminal Apprehension v. Noem (D. Minnesota, 0:26-cv-00628) – CourtListener.com Order on Motion for TRO

BREAKING: Trump-appointed judge blocks FBI/DOJ/DHS from destroying or altering evidence related to shooting of Alex Pretti by Border Patrol agent in Minneapolis. Judge Eric Tostrud grants TRO & sets Monday hearing. storage.courtlistener.com/recap/gov.us... Earlier: www.politico.com/news/2026/01...

#1 in Minnesota Bureau of Criminal Apprehension v. Noem (D. Minnesota, 0:26-cv-00628) – CourtListener.com COMPLAINT against All Defendants (filing fee $ 405, receipt number AMNDC-12575332) filed by Hennepin County Attorney's Office, Minnesota Bureau of Criminal Apprehension. Filer requests summons issued....

BREAKING: MN Bureau of Criminal Apprehension & Hennepin DA file fed lawsuit dmeanding immediate access to federal evidence in DHS agent's deadly shooting of observer during immigration enforcement operation Sat. Doc: storage.courtlistener.com/recap/gov.us... Earlier: www.politico.com/news/2026/01...

Live: Man shot and killed by federal agents in south Minneapolis this morning, police chief says A video appears to shows federal agents wrestling a man to the ground then shooting him.

The Star Tribune reports that federal agents "attempted to order local police from the scene" where a man was shot and killed by feds this morning, but Minneapolis Police Chief Brian O’Hara refused and "instructed his officers to preserve the scene."

Great resource from @derekclinger.bsky.social tracking all the DOJ lawsuits seeking states' voter data. Today, a GA district court dismissed one case, finding it was filed in the wrong court. Last week, a CA district court dismissed another case on the merits.

Immigration officers assert sweeping power to enter homes without a judge's warrant, memo says An Immigration and Customs Enforcement memo obtained by The Associated Press reveals that the agency allows immigration officers to forcibly enter homes to make arrests without a judicial warrant.

BREAKING: Immigration officers are asserting sweeping power to enter homes without a judge’s warrant, a memo obtained by AP says.

Incredible resource! My state supreme court clerkship was an absolutely incredible experience, but the process of getting it was incredibly confusing. This resource is the type of thing I dreamed of when I was a 2L!

Do ICE Officers Have ‘Immunity’? States don’t often prosecute federal officers, but they can.

Do ICE Officers Have Immunity?
@hannarosin.bsky.social interviews @bgodar.bsky.social of @uwlawdemocracy.bsky.social for @theatlantic.com: "There are several cases where federal courts have recognized that federal officers do not have absolute immunity." www.theatlantic.com/podcasts/202...

President Trump is threatening to use the Insurrection Act to deploy military to Minnesota. To learn more about the act and its limits, check out this explainer from @brennancenter.org

1/ Starting a thread to track the DOJ voter data litigation as courts begin hearing these cases. So far, DOJ has sued 23 states + DC for refusing to hand over sensitive voter data like SSNs and driver's license numbers.

My full analysis: statedemocracy.law.wisc.edu/featured/202...

Minnesota v. Noem caption

BREAKING: Minnesota, Minneapolis, and St. Paul sue Noem and others over DHS immigration enforcement surge in Minnesota, seeking TRO to block the surge and stop unlawful actions detailed in the complaint.

Live: FBI pushes Minnesota investigators aside in ICE shooting probe The Minnesota Bureau of Criminal Apprehension said the FBI had ‘reversed course’ on a joint investigation. Meanwhile, protesters gathered at the Whipple Federal Building after thousands attended vigil...

The MN Bureau of Criminal Apprehension said Thursday that the FBI had taken over the investigation. “The FBI informed the BCA that the U.S. Attorney’s Office had reversed course: the investigation would now be led solely by the FBI,” the BCA said in a statement. www.startribune.com/ice-raids-mi...

Hundreds protest in Minneapolis after ICE officer kills Renee Nicole Macklin Good An Immigration and Customs Enforcement officer shot and killed Minneapolis motorist Renee Nicole Macklin Good on Wednesday.

The Hennepin County Attorney's Office said yesterday that they have jurisdiction to bring charges and will wait for the investigation to play out before making any charging decisions: apnews.com/live/minneap...

Minnesota Could Prosecute the ICE Shooter. Trump Can’t Pardon Him. Shortly after an ICE officer shot and killed a woman in Minneapolis, city leaders began looking into whether the officer had violated state criminal law.

Wrote a piece for @slate.com explaining that states have a long history of prosecuting federal officers when they allegedly use excessive force. Federal officers are only immune from such prosecutions when they act reasonably in carrying out lawful duties.

Are Federal Officials Immune From State Prosecution? Contrary to recent assertions, federal officers do not have blanket immunity from criminal prosecutions brought by states.

Might be a good time to re-up this @lawfaremedia.org piece by @bgodar.bsky.social
www.lawfaremedia.org/article/are-...

In case you're wondering, yes, states can prosecute federal officials if they act beyond the scope of their duties, violate federal law, or behave in an egregious or unwarranted manner. More info here: statedemocracy.law.wisc.edu/featured/202...

All fifty states have laws criminalizing various forms of corruption. While many are limited to state and local officials, a few states' laws expressly cover federal officials too, potentially offering a pathway for addressing federal corruption.

Justices Ziegler and Bradley dissented from the order granting the petition to hear the case. Justice Hagedorn wrote separately, discussing the "longstanding tradition against public dissents from a grant order" that has eroded in recent years #SCOWIS www.wicourts.gov/sc/order/Dis...

The case follows rulings in other states where courts have concluded that state law prohibits local law enforcement officers from detaining people solely on the basis of alleged civil immigration violations.

Hello! @adamsopko.bsky.social and I have been working on a proposal to charter an AALS Section on State Constitutional Law. We believe that such a section is long overdue and that it is urgent to foster scholarly community and support in a growing discipline. Links to support this effort below: ⬇️

‘Extreme’ gerrymander: Utah judge rejects GOP lawmakers’ congressional map, picks districts favoring Democrats A Utah judge rejected new congressional boundaries proposed by Republican lawmakers, instead choosing a map that will create a heavily Democratic-leaning district in Salt Lake County.

A Utah judge last night rejected a congressional map proposed by Republican legislators in the state and instead selected an alternative that will create a Democratic-leaning district anchored in Salt Lake County, The Salt Lake Tribune reports.

In short, federal officials do not have blanket immunity from state criminal prosecutions for on-the-job acts.

Wondering who is voting on what today? Check out @boltsmag.org's election guide:

Resistance to Public Policies Assisting the Poor Property owners have challenged programs meant to assist vulnerable populations, alleging they are unconstitutional takings of private property for public use.

Property owners have increasingly used state law to challenge programs and policies meant to assist the poor. As Staff Attorney @bridgetlavender.bsky.social explains in the State Court Report, state efforts to defend these policies have been mostly successful. statecourtreport.org/our-work/ana...

A Wisconsin circuit judge today stayed his ruling that would have required the Wisconsin Elections Commission to conduct citizenship checks of voters beyond what is required in state statute. The order is also being challenged on appeal.
www.msn.com/en-us/news/p...

The Hastie Fellowship is a two-year program supporting aspiring scholars preparing for a career in law teaching. Learn about the program from previous Hastie Fellows: buff.ly/75YTzc4.
Interested in the program? Learn more and apply: buff.ly/ib0bu6H.