'Is it Legal for the State AG to Indict an ICE Agent?'

Against the backdrop of Immigration and Customs Enforcement (ICE) killing two

protestors in Minneapolis, and carrying out raids while wearing masks, state Senator Jon Bramnick (R-21) wanted Jennifer Davenport to address how the Attorney General's Office under her watch would treat ICE.
First, would Davenport support legislation banning the use of masks by law enforcement in New Jersey and would such state law even be enforceable?
"It's interesting, when we think about this topic, you don't see that," said Governor Mikie Sherrill's nominee for AG, appearing today for interviews with members of the Senate Judiciary Committee.
"Masks?" Bramnick clarified.
"Right."
"I want to see the person hitting me over the head with a club," the Republican said.
"Let's hope that doesn't happen," said the nominee.
Is it enforceable if the legislature passes a mask ban with respect to law enforcement, Bramnick pressed.
"I would want to take a look at it and who it applies to," said Davenport.
What about investigations?
"We saw in Minnesota, instances to be investigated - allegedly - by the fed government," Bramnick said. "If you witness an ICE agent who did something inconsistent with New Jersey law, would you prosecute a federal agent? Is it legal for the state Attorney General's Office to indict an ICE agent?"
Davenport:
"As a general rule there are constitutional limits on actions of law enforcement. Our job is to hold those folks accountable. The unconstitutional nature of actions by law enforcement is something that can be brought by state laws if people of our state are violated. That is something we want to make sure we're taking that seriously."
Bramnick again pressed.
Would her office pursue investigations and independent investigations of federal investigations?
Davenport called independent investigations "critical."
And, she added, "Frankly, it's something we're not seeing" in the maintenance of Trump's immigration policy and justice delivery in Minneapolis. The nominee decried what she sees as the "weaponization of DOJ"
"Follow facts and law and politics is not a part of it," she said. "When you talk about independent investigation, independence is key, because it's important for the public to know."
Bramnick pressed.
If Davenport saw an allegedly unlawful act by an ICE agent, would she investigate, and under the circumstances, would she bring prosecution?
"If the facts and the law supported it... yes," Davenport said.
Moments later, state Senator Raj Mukherji (D-32) asked the AG nominee if President Donald J. Trump could pardon a federal law enforcement officer successfully prosecuted here in New Jerey. Davenport said clemency laws would not apply but higher courts might have another opinion on appeal.

