ICE agent charged in Hennepin County wants case moved to federal court
ICE agent appears in Minnesota court
An ICE agent charged with assault during an incident along a Minnesota highway where he allegedly pulled on gun on someone made his first court appearance on Friday. FOX 9’s Paul Blume has the details.
MINNEAPOLIS (FOX 9) - The ICE agent facing criminal charges in Hennepin County for allegedly pointing a gun at another driver on Highway 62 is now asking a judge to move his case to federal court.
ICE agent wants case moved
What we know:
In a recent court filing, attorneys for ICE agent Gregory Donnell Morgan Jr. are asking for his case to be moved from Hennepin County Court to federal court.
The attorneys are making arguments under the Supremacy clause of the constitution, which provides federal agents some protections for acts committee during the course of their job.
Local perspective:
Morgan faces two counts of assault in the gun-pointing incident during rush hour in February.
What he's accused of
The backstory:
According to the criminal complaint, Morgan was in a Ford Expedition driving illegally along the shoulder of Highway 62 near the Portland Avenue exit. The victim briefly moved onto the shoulder to block Morgan.
Hennepin County Attorney Mary Moriarty says Morgan was driving a rented vehicle that had no markings indicating it was an ICE vehicle. The victim then pulled back into the normal traffic lane and said Morgan sped up alongside the victim's vehicle.
Once alongside the victim's vehicle, prosecutors say Morgan pulled out his service weapon and pointed his at both of the victims.
Local perspective:
Morgan turned himself in and made his first court appearance in May.
Moriarty expected filing
The other side:
In April, when charges were first announced against Morgan, Hennepin County Attorney Mary Moriarty said she expected Morgan's attorney to mount a Supremacy clause defense.
However, Moriarty argued Morgan's alleged actions don't fall within the scope of his federal authority.
"Our opinion is that illegally driving on a shoulder, pulling up to a car and pointing a gun at the heads of two community members who are not doing anything at the time, is well beyond the scope of their authority as federal agents," said Moriarty. "So they may say that, but we will litigate that in court. And there is no such thing as absolute immunity for federal agents who violate the law in the State of Minnesota or any other state."
What's next:
Moriarty said in April her office would fight the move to federal court. Regardless of the court, the Hennepin County Attorney's Office would continue to prosecute even if moved to federal court.
The Source: Information provided by Hennepin County court filings and previous FOX 9 reporting.