Will Cain questions if calling ICE shooting 'murder' is defamation

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Attorney discusses legal action against public figures calling ICE agent a 'murderer' after shooting

Attorney Jace Yarbrough discusses legal ramifications of public figures calling an I.C.E. agent a 'murderer' in the Minnesota shooting on 'The Will Cain Show.'

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As celebrities and politicians repeatedly call the ICE agent who fatally shot Renee Good a "murderer," Fox News host Will Cain questioned whether such language crosses a legal line in the absence of any arrest, indictment or conviction.

"Murder, murder, murder. Repeated ad nauseum. From big stages, with people with big platforms, with deep pockets and big money. And you wonder, does that kind of recklessness ever face accountability?" Cain said Monday on "The Will Cain Show."

"You have to wonder if that accountability, at some point, for these reckless rich celebrities isn't defamation, isn't a lawsuit."

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Rep. Alexandria Ocasio Cortez, D-N.Y., and New York City Mayor Zohran Mamdani have called the shooting of Renee Good a "murder."  ((Photo: David Paul Morris/Bloomberg via Getty Images/Barry Williams/New York Daily News/Tribune News Service via Getty Images) )

An ICE agent shot and killedthe 37-year-old Minneapolis woman during a federal enforcement operation in south Minneapolis. Federal officials have said agents were attempting to make arrests when the woman tried to use her vehicle as a weapon against officers, prompting the ICE agent to fire in self-defense.

Cain aired clips of prominent public figures including Rep. Alexandria Ocasio-Cortez, D-N.Y., New York City Mayor Zohran Mamdani and Milwaukee Bucks Head Coach Doc Rivers all labeling the shooting a "murder."

To explore whether such language could meet the legal threshold for defamation, Cain consulted attorney and congressional candidate Jace Yarbrough, who said he believes it does under Minnesota law.

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A portrait of Renee Nicole Good, who was shot and killed by an ICE agent in Minneapolis. (ODU English Department/Facebook)

"What [the ICE agent] did fits none of the definition of murder under Minnesota law or any other state's law, and he should absolutely bring this suit," Yarbrough said.

Asked why defamation suits against public figures are not more common, Yarbrough suggested cultural differences play a role.

"As conservatives, as patriotic Americans, we're not out looking for a lawsuit. Our first response isn't to go sue people, but that is the left's response," he said.

Under Minnesota law, criminal defamation involves communicating false and defamatory statements "with knowledge of its false and defamatory character," according to the state’s Office of the Revisor of Statutes.

This standard, legal experts note, is difficult to meet, particularly before any official ruling or charging decision has been made. The case is further complicated, legally speaking, by its public nature.