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Federal judge deciding ICE agent trial location
A judge is deciding whether an ICE agent accused of assault on a highway in Minnesota during Operation Metro Surge will stand trial in either state or federal court. FOX 9’s Paul Blume has the latest.
(FOX 9) - A high-stakes federal evidentiary hearing to determine whether the state criminal prosecution of ICE Agent Gregory Morgan Jr. will be transferred to federal court wrapped up Friday afternoon, with testimony set to resume Tuesday.
An Act of ‘road rage’
What we know:
Morgan is facing two counts of second-degree felony assault in Hennepin County District Court following a Feb. 5 incident on the Crosstown.
State prosecutors allege Morgan engaged in an act of road rage while driving an unmarked rental SUV on the highway shoulder, pulling alongside two motorists and pointing a laser-equipped Glock 19 handgun at them after they tried to block his vehicle.
Morgan's defense team argues he was acting under official federal authority during a hostile deployment, entitling him to have the case moved to federal court under Supremacy Clause immunity.
Invoking the 5th
Dig deeper:
The hearing in U.S. District Court before Judge Nancy Brasel opened with a major shift when the two alleged victims were officially excused from testifying.
Their attorney told the court her clients would plead the Fifth Amendment to all questions and wished to remain anonymous to avoid public harassment.
The decision followed filings from the victims' legal team accusing the Department of Justice of attempting to intimidate the motorists by suggesting their driving constituted a federal felony.
ICE partner testifies
Big picture view:
Morgan's ICE partner, Myles Codner, provided extensive testimony about the dangerous conditions federal agents faced during Operation Metro Surge.
Codner testified that the agents were executing an emergency extraction order and driving back to base in an unmarked rental vehicle when the victims' heavily tinted Cadillac swerved toward them.
Codner described the encounter as a sudden "ambush" that made him fear an immediate collision, testifying that Morgan drew his weapon in a safe manner to identify them as law enforcement rather than aiming it directly at the driver.
Defendant to take witness stand next
What's next:
Friday's proceedings concluded late in the afternoon with testimony from an ICE Use of Force training expert, who was questioned regarding agency standards and protocols for displaying a service weapon under duress.
Judge Brasel adjourned the court shortly after the expert's testimony began.
The jurisdictional hearing is scheduled to resume on Tuesday morning with Morgan also expected to directly testify himself.
The Source: FOX 9 reporting from Hennepin County District Court on Oct. 9, 2026.