"The battle lines are being drawn on what seems to me to be a flawed legal assumption, to wit: If the woman who was allegedly blocking ICE agents with her car was merely' trying to flee rather than run the agent over, she should be understood as a murder victim rather than a criminal engaged in a dangerous act that justified the use of lethal force by law enforcement. It's really not an either/or situation, explained McCarthy."
"Undoubtedly, if it is reasonable to construe the woman's action as a deliberate attempt to mow down an ICE agent with a speeding vehicle, the use of force was justified. But even if the woman was mainly trying to get away (which is what it looks like to me), she was engaged in an actionable assault on a federal officer, a felony under Section 111 of the federal penal code."
Political leaders from Minnesota and Department of Homeland Security officials characterized the driver's conduct as domestic terrorism, while others defended the agent's actions as self-defense. The incident raises debate over whether the act was attempted murder, an escape attempt, or an assault on a federal officer. If the driver's conduct can reasonably be seen as trying to hit an officer, deadly force would be justified. Even if the driver mainly attempted to flee, swiping the vehicle in the agent's direction constitutes a felony assault on a federal officer under Section 111, which can justify the use of lethal force.
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