Pennsylvania Governor Josh Shapiro injected himself squarely into the national immigration and law-enforcement firestorm Tuesday night, using an appearance on MSNBC’s Deadline to call for criminal charges against federal Border Patrol agents involved in the fatal shooting of Alex Pretti.
Speaking with host Nicolle Wallace, Shapiro went well beyond expressions of concern, openly stating that he would pursue voluntary manslaughter charges based solely on publicly available information.
“I do not have the background that General Ellison has in Minnesota,” Shapiro acknowledged, referencing Minnesota Attorney General Keith Ellison, “but based on what I saw of the killing of Mr. Pretti, I’d charge voluntary manslaughter in that case.”
He went further, saying he would also consider obstruction of justice charges, and potentially conspiracy charges, if evidence showed federal coordination to obstruct an investigation or destroy a crime scene.
The comments were striking not only for their severity, but for the confidence with which they were delivered. Shapiro emphasized that his conclusions were drawn from publicly released video and reporting, rather than access to investigative files or sworn testimony. Nonetheless, he framed the matter as a test of seriousness and resolve, arguing that states must be willing to pursue charges “even against federal officials, if they are warranted.”
Wallace seized on the broader constitutional implication, framing Shapiro’s position as an assertion of state authority in response to what she described as an erosion of the rule of law. Shapiro embraced that framing, explicitly invoking the Tenth Amendment and rejecting claims—attributed by him to Vice President J.D. Vance—that federal officials enjoy something approaching absolute immunity.
“Absolutely,” Shapiro said when asked whether states should act independently. “The 10th Amendment guarantees us those authorities. No one is above the law.”
What Shapiro did not address is the legal complexity surrounding federal officers acting within the scope of their duties, particularly in volatile enforcement operations. Federal agents are not immune from prosecution, but long-standing doctrine, including Supremacy Clause protections, sets an extraordinarily high bar for state charges arising from official acts. Historically, such cases hinge on whether an officer clearly exceeded lawful authority or acted with criminal intent—determinations typically made after exhaustive investigations, not television commentary.
The remarks also come amid incomplete and contested facts. Public reporting has indicated that Pretti was allegedly interfering with a federal immigration operation and was armed at the time of the shooting. Other reports suggest prior confrontations with agents in the days leading up to his death. Those details remain central to any legal analysis of use of force, yet they were absent from Shapiro’s on-air assessment.
