Public Interest Group Calls on Attorney General and Los Angeles District Attorney to Ensure Criminal Investigation into Off-Duty Federal Agent’s Killing of Keith Porter, Jr. is Rigorous, Independent, and Free of Federal Interference

LOS ANGELES, CA, 2026 — Free Speech For People, a national nonpartisan legal advocacy organization, today submitted a request urging Attorney General Robert Bonta and Los Angeles County District Attorney Nathan Hochman to take steps to ensure the ongoing criminal investigation into Keith Porter, Jr. is not in any way compromised by the unfounded federal narrative that his killer was acting in a legitimate, law enforcement capacity.

The submission details how the federal government’s interference with Porter’s killing is part of an ongoing federal policy to prevent any independent investigation or oversight into the actions of its officers.

While the administration insisted that Porter’s killer was responding to an “active shooter,” witnesses have subsequently testified that Porter was likely shooting into the air and that no one identified themselves as law enforcement before firing on Porter.

“The White House made statements supporting Porter’s killer before any investigation and evidence could be collected,” said Courtney Hostetler, Legal Director for Free Speech For People. “These statements prejudiced the ongoing investigation and completely undermined the federal government’s ability to assist in a neutral manner.”

Free Speech For People’s letter alleges that Keith Porter Jr.’s killer has no conceivable Supremacy Clause defense and therefore state authorities should control this investigation.

“An off duty federal officer, even one responding to a supposed public safety threat, is not enforcing federal law and cannot invoke the Supremacy Clause to shield themselves from state prosecution,” said Ben Clements, Chairman and Senior Legal Advisor at Free Speech For People and a former federal prosecutor. “This is purely a state criminal law matter, and it should be treated as such. We are urging the California Attorney General’s Office to aid this investigation to ensure that the Los Angeles District Attorneys’ Office is able to conduct an independent, rigorous investigation.”

Free Speech For People emphasizes that state and local authorities retain independent jurisdiction to investigate and prosecute crimes committed within their borders, even when they are committed by federal agents.

“The Trump Administration has made it clear that it will not hold its agents accountable for criminal acts committed while they are on duty, and it is now trying to protect its agents when they are off the clock,” said Ben Horton, Counsel at Free Speech For People. “California officials must make it clear that this type of federal interference will not be tolerated.”

Read the letter here.