IOSCO COUNTY, MI - In a case that should send a clear message to far-left liberal lawmakers and district attorneys such as Philadelphia’s insane Larry Krasner, a judge in Michigan last week dismissed a case against a federal agent assigned to an FBI Joint Terrorism Task Force who was arrested in connection with allegedly crashing into a car and injuring a man while investigating a high-profile case, The Detroit News reported.
Michigan District Court Judge Christopher Martin dismissed the case levied against now-retired Federal Air Marshal John Francis Schoen, who was assigned to the task force, ruling that as a federal officer working in his official capacity, he was entitled to immunity.
Iosco County Chief Assistant Prosecutor Andrew Mong, in dropping the case, wrote that the retired air marshal “has immunity as a federal law enforcement officer." Schoen’s defense attorney, Marc Curtis, had argued that federal officers are immune from state prosecution if they were performing an act authorized by law, and if the agent did no more than what was necessary and proper, according to The Detroit News.
In a statement to The Detroit News last week, Curtis argued that Schoen, 53, should never have been charged with a crime.
“Attempting to criminally charge a federal officer engaged in a coordinated terrorism investigation was not only legally flawed, but it was also fundamentally inconsistent with long-standing constitutional protections,” Curtis wrote.
“This case represents a troubling example of what happens when the realities of policing and national security operations are ignored in favor of hindsight and public narrative," he continued. “Officers cannot be expected to act decisively to protect the public if they face prosecution for doing exactly what their duties require.”
The case against Schoen resulted from a terrorism investigation that received international attention in 2021. In that probe, a retired miner was accused of setting pipe bombs and leaving “ominous” letters across northern Michigan and the Upper Peninsula, The Detroit News reported.
Schoen was accused of reckless driving, causing serious impairment of bodily function, and was released on a $10,000 bond after he pleaded not guilty. The charge carries a maximum sentence of five years in prison.
In September 2021, Schoen and other task force members were conducting surveillance of John Douglas Allen, 79, who was suspected of engaging in a campaign of terror in northern Michigan, in Whittemore, about two hours north of Detroit.
At the time of the crash, Schoen was operating an unmarked Hyundai sedan headed north on M-65 when he tried to pass a 2011 Ford Explorer. The two vehicles collided as the Explorer attempted to make a left turn.
According to a state police report, “there was a solid, double yellow center line” where the crash occurred. The crash injured the driver of the Explorer, Robert Leslie, who was taken to the hospital after complaining about head and arm injuries.
At the time of the crash, Schoen was maintaining perimeter surveillance on Allen, his wife, and the couple’s home. Members of the Hostage Rescue Team were preparing to raid the home when Allen’s wife went outside and drove to a local library to attend a town hall meeting.
“Due to the fact that Allen was utilizing sophisticated counter-surveillance techniques and the nature of the threat involved explosives, the [task force] determined that the wife needed to be treated as a potential threat to public safety…,” Schoen’s attorney wrote in an earlier court filing.
The FBI task force members “determined that if the wife was allowed to return home, just as the [Hostage Rescue Team] was breaching the residence, it would create a volatile and uncontrolled situation that could trigger a violent encounter in a residential area,” Curtis continued in the filing.
Investigators made a traffic stop on the wife’s vehicle, during which a member requested “urgent backup,” Curtis wrote.
Schoen, who was parked at a nearby gas station in his government-issued vehicle equipped with emergency lights, headed to the traffic stop about one mile away.
“...Schoen made the decision to maintain tactical silence by not activating his siren based on the proximity to the target residence as a siren would have alerted Allen that law enforcement was in the area,” Curtis wrote.
“...Schoen believed that activating the audible siren would compromise the [team’s] entry, putting every agent on the scene at risk,” Curtis added.
“...Schoen believed this action was necessary and proper to ensure the safety of the federal operation.”
While en route to the “urgent backup,” Schoen attempted to pass the Explorer, and the crash occurred.
“The Supremacy Clause of the United States Constitution is clear that federal officers acting within the scope of their duties cannot be subjected to state prosecution for carrying out those responsibilities,” Curtis wrote in a statement to The Detroit News. “That principle exists to ensure that federal law enforcement [agents] are able to perform critical national security functions without interference or hesitation.
“While we are relieved that these charges have been dismissed, the damage done to Federal Air Marshal Schoen, his family, and the broader law enforcement community remains,” Curtis added.
Got that, Krasner? Illinois Gov. J.B. Pritzker (D-IL)? Massachusetts Gov. Maura Healey (D-MA)? Connecticut Gov. Ned Lamont (D-CT)? Every other liberal dimwit lawmaker nationwide? Federal law enforcement agents enjoy immunity for actions completed in the performance of their duty. Bloviating buffoons like Krasner should take note.
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