Well, my my my. ICE agent Christian Castro's reprieve turned out to be more temporary than first thought. And suddenly, a key talking point for Tim Walz and leftist activists has also dissipated.
Castro avoided extradition last week when a federal judge ruled that Greg Abbott did not abuse his discretion in reviewing Walz' request at length, so to speak. At that time, I argued that jurisdiction over Castro's actions in Operation Metro Surge belonged to the Department of Justice and federal courts. Any attempt by Walz, Keith Ellison, and Hennepin County DA Mary Moriarty would almost certainly get pre-empted by a removal motion, I noted.
Castro didn't have time to file that motion, it turns out. A federal grand jury has indicted the ICE agent for lying to federal investigators about the circumstances of the shooting of Julio Sosa-Celis:
A federal grand jury has indicted an ICE officer on charges of making false statements about the nonfatal shooting of a man during the Trump administration’s immigration crackdown in Minnesota last winter, according to a person familiar with the case who spoke on the condition of anonymity to discuss sensitive information.
The charges against the officer, Christian Castro of Immigration and Customs Enforcement, marked a rare instance of President Trump’s Justice Department accusing a federal agent of criminal wrongdoing at work.
That narrative framing by the New York Times is worth noting. Perhaps the reason why such accusations are rare is that wrongdoing by ICE agents is a lot rarer than Walz and other activists claim. The decision to seek a grand jury review of Castro's actions tends to corroborate that, as neither the DoJ nor DHS tried to sweep the incident under the rug.
The indictment comes out of Minnesota, which means that Castro had better prepare for cold weather very soon:
Federal prosecutors do not face the same barriers in moving a defendant from one state to another, and Mr. Abbott would not have to sign off for Mr. Castro to be transferred to Minnesota on the federal charges.
CBS News reports that the grand jury returned a six-count indictment. That may indicate that the DoJ will prosecute for the shooting itself and not just obstruction. The exact charges won't be known until Castro makes his first appearance, and right now, law enforcement is still trying to locate him:
A federal grand jury returned a six-count indictment Wednesday, but the case has not yet been unsealed, the sources said. Law enforcement officers are currently trying to locate Castro, one source said. The Associated Press first reported Castro had been charged by federal prosecutors. ...
Accounts of the interaction that led to the shooting shifted in the immediate aftermath. The Department of Homeland Security initially said Sosa-Celis fled a traffic stop, crashed the vehicle and fled on foot. DHS said two men emerged from a nearby apartment and attacked the agent with a broom handle and snow shovel. Sosa-Celis allegedly broke free and also started striking the officer, DHS said, adding that an officer then fired a "defensive shot to defend his life."
But an FBI affidavit filed to support the charges against the two men said Aljorna was the one who fled, and that Sosa-Celis initially struck Castro with a broomstick while the agent tried to arrest Aljorna. And cellphone video shared by a Democratic state lawmaker showed a woman telling 911 that her husband was chased by ICE agents before he reached his home, and was shot in front of his family.
If Castro shot someone in the course of his duties as an ICE agent without cause and then lied about it, the DoJ needs to hold him accountable. That's true of anyone who abuses their authority while enforcing the law, especially when potentially lethal force is involved. However, that jurisdiction belongs to the DoJ, and today's indictment demonstrates its commitment to enforcing the law rather than letting people off the hook, even those who operate under color of authority. Castro deserves a fair trial, and it appears he'll get one, although don't be surprised if the defense moves for a venue change first.
Editor’s Note: The American people overwhelmingly support President Trump’s law and order agenda.
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