involved in a case like this one. obviously they are very interested in mr. garcia zarate but the allegation that mr. sara is making is they are interested in him only because he beat the murder charges. so the question is is that something they should be allowed to do? they would never have prosecuted this case, they had no indictment until he was acquitted of murder. martha: well, dual sovereignty doctrine allows for fem to do this without issue of double jeopardy. there is still a felon of firearm charge and immigrant in possession of firearm charge they are pursuing. i want to play the co-counsel but to address that, martha. one second. martha: all right. the point isn t whether or not the federal government has a separate sovereign can prosecute someone. the answer is yes. but the question is what happens when they treat an individual completely different than they treat everybody else? that is the point that tony is
do they not? well, i think the point that tony is trying to make and it s appropriate for federal court is that typically the federal government doesn t get involved in a case like this. this is somebody with no weapons possession history. you know he is not a member of a gang. he doesn t just martha: he may not be but he is a seven-time convicted felon who has been deported five times so clearly he has a prior history. right, but it s not a serious history. usually the feds get involved in prosecuting crimes that the state has already prosecuted. martha: if the state failed to carry out its duty to protect the citizens of state through the sanctuary status, obviously there has been a failure here. so when the state fails, the federal government has to step in to try to find a way to seek justice, no? yeah, but i don t think you are following what i m saying. i m saying typically the federal government doesn t get
chance at justice in her killing. in moments i have an exclusei interview with the man who defended him, public defender matt gonzalez. but first, trace gallagher has more on what is going on behind the scenes at this late hour. good evening. tonight or this weekend, jose will be taken into custody by the federal authorities in san francisco and taken across the bay to oakland where he will be arraigned next week in federal court for being convicted felon in possession of a firearm. in case you are wondering despite san francisco being sanctuary city and california now being a sanctuary state, local and the state authorities can no longer shield garcia zarate. he has to be turned over to the u.s. marshals because he is facing federal indictment. the reason he was able to fire the gun that killed kate steinle, when san francisco law enforcement had him in custody instead of turning him