Some elected officials say scenes playing out in Minneapolis could be a possibility for San Francisco, after the city narrowly avoided President Donald Trump’s threat of a federal surge in October.
District Attorney Brooke Jenkins said Monday she is not afraid to prosecute federal agents if they break the law in San Francisco – and urged other district attorneys across the country to consider doing the same.
“We can’t be caught flat-footed. We have to be prepared,” Jenkins said.
An aide for Jenkins said this has been top of mind for their office since federal surges began earlier this year, starting in Los Angeles in June. She warned the Trump administration that any unlawful conduct by federal agents would be scrutinized.
“It’s not something we will tolerate in our jurisdictions,” Jenkins said. “We have the capacity to prosecute should we believe that any conduct is unlawful.”
When asked how her office would approach potential cases, Jenkins pointed to serious criminal liability if use of force is found to be unjustified.
MORE: Bay Area demonstrators honor Veterans Affairs ICU nurse Alex Pretti, other victims of ICE
“Yes, we are talking about potential murder charges,” she said. “We have to look at excessive force charges and what the potential defenses to that are.”
Building cases against law enforcement officers can be difficult, a challenge underscored by concerns raised in Minnesota.
San Jose Congressman Sam Liccardo, a former prosecutor, said the Department of Homeland Security is blocking local authorities from accessing evidence related to the Alex Pretti shooting.
“The critical challenges right now, for example, in Minnesota, is enabling local DAs and local police to get access to the evidence,” Liccardo said.
Liccardo called the situation highly unusual.
“That’s extraordinarily abnormal,” he said. “The fact that we have to go to federal judges to order federal authorities to hold evidence, to make it available for local DEA to be able to investigate, that is outrageous.”
MORE: Congressional GOP criticism grows over Pretti shooting and Minnesota ICE operation
The issue surfaced publicly at a mayoral economic forum Monday, where a moment of silence was held for Alex Pretti and Renee Good.
San Francisco Mayor Daniel Lurie declined to directly address whether the Bay Area remains on a list for possible federal deployment.
“You can’t be human, without feeling a sense of just absolute devastation and this feeling of fear and anger at what’s happening in Minnesota,” Lurie said.
Lurie and Oakland Mayor Barbara Lee both stressed that Bay Area cities must avoid giving federal agents a reason to intervene.
“Their playbook is to make sure that they have an opening and that there’s a gap and a void to bring in their military to militarize and occupy our cities,” Lee said. “And we’re not going to let that happen.”
With the Super Bowl approaching, Lurie said people should expect to see more law enforcement throughout the Bay Area, emphasizing that local officers will be focused on keeping residents safe, not assisting federal immigration enforcement.
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