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Minnesota federal judge may decide whether to block DHS investigation Alex Pretty shooting case and pull federal officials entirely from the state, may end The rise of Donald Trump.
Hours after the shooting, Minnesota law enforcement agencies filed a lawsuit seeking to prevent Homeland Security officials from destroying or altering any evidence related to the shooting. A Trump-appointed judge approved the order later that night.
But Justice Department lawyers want a judge to lift the restraining order, insisting “this is a federal matter now.”
Assistant U.S. Attorney Friedrich Siekert told Judge Eric C. Tostrud on Monday that no state would require evidence in a potential criminal investigation against him. The agent who shot Preeti May be provided through a standard public records request – only after “the conclusion of all federal business.”
The hearing follows arguments Monday in which Minnesota officials asked the Trump administration to file a lawsuit. extract More than 2,000 federal officers have been charged over what state lawyers called an “unlawful and uncontrolled intrusion.”
District Judge Catherine Menendez said her decision may take some time as she weighs the seriousness of an order that could upend the administration’s efforts to send masked immigration officers to patrol Democratic-led states and cities for mass deportations, noting that the situation comes amid “shockingly unusual times.”
She seemed to agree that Trump’s weeks-long surge had caused “enormous collateral damage,” with the state’s lawyers arguing Monday that a “fluid” pool of immigration officers had upended “virtually every walk of life” through racial profiling, unlawful detention and the use of deadly force.
The judge also repeatedly asked about a letter from Attorney General Pam Bondi to Gov. Tim Walz that suggested Trump could withdraw federal officials if the state repealed its so-called “sanctuary” policy and turned over reams of voter information and lists of Medicare and food assistance recipients.
“Is the executive branch trying to achieve by force what cannot be achieved through the courts?” Judge Menendez asked the government.
“As I said, we are here to enforce federal immigration laws,” Justice Department attorney Brantley Meyers responded. “There is no evidence to support the suggestion that we are here for any other reason.”
Hours later, White House press secretary Carolyn Leavitt appeared to acknowledge the terms of the federal government’s withdrawal.
Levitt said that if Governor Walz and Minneapolis Mayor Jacob Frey implement the “common-sense cooperative measures” proposed in Bondi’s letter, Minnesota “will no longer need Border Patrol agents on the ground to support ICE.”
Minnesota lawyers likened it to a “racketeering” and “hostage” crisis.
“This is what you would expect from a blackmailer,” Minnesota Assistant Attorney General Brian Carter told Judge Menendez.
“They’re trying to force the plaintiffs to legislate the way they want. They’re trying to hijack the state’s legislative process. They’re trying to get us to turn over our voter rolls,” Carter said. “What does it matter? [with immigration enforcement]? “
A separate lawsuit filed by Minnesota officials accuses federal officials of denying state law enforcement access to the scene where police shot Pretty.
Minnesota officials wrote that federal officers left hours after the shooting, “allowing the perimeter to collapse and potentially destroy evidence” while “exclusively possessing evidence at the scene.”
Minnesota Assistant Attorney General Peter Farrell said Monday there were “serious irregularities” in the handling of evidence, including Homeland Security officials posting a photo of a gun allegedly recovered from the scene and statements officials made about Pretty immediately after the incident.
The investigation is being led by Homeland Security Investigations (HSI), which is required to “preserve all evidence collected, including physical evidence collected by other federal entities, and then properly transfer that evidence to the custody of HSI,” according to a sworn statement from Mark Zito, the agency’s special agent in charge of the St. Paul office.
But “all evidence was collected and returned to the FBI’s Minneapolis field office,” according to a sworn statement from an FBI official whose name is withheld from court documents.
The evidence includes body-worn camera footage, which has been “preserved,” said Jeffrey Egerton, executive director of the Bureau of Investigative Operations in Customs and Border Protection’s Office of Professional Responsibility.
Attorney General Keith Ellison told reporters on Monday that he was concerned the agencies would not preserve the important footage.
“I was very concerned that the video had not been preserved, so just a few nights ago I sought an order from the District Court,” he said. “What other options do we have? That’s what I’m worried about.”
Asked whether the administration would publicly release the video, White House press secretary Carolyn Leavitt told reporters on Monday, “That’s not something I heard the president commit to, so I won’t do that here.”
Greg Bovino, the top Border Patrol official in charge of Trump’s field operations, said the Border Patrol officer who shot Pretty is still on the job but “is not in Minneapolis.”
He declined to tell reporters where they were or provide any details about their backgrounds or the shooting itself.
“There’s something called doxxing, and the safety of our employees is important to us,” he said. “As for the number of shootings and the number of agents involved, these will all be confirmed during the investigation.”