Judge quashes federal subpoenas targeting Walz, Ellison, other MN leaders
Federal judge blocks DOJ investigation into Minnesota state, city leaders
A federal judge has halted six Department of Justice grand jury subpoenas targeting Minnesota state and local officials, finding that the department was misusing the grand jury process to pressure officials into helping enforce federal immigration law rather than pursuing a legitimate criminal investigation.
MINNEAPOLIS (FOX 9) - A federal judge has quashed a set of grand jury subpoenas targeting Minnesota officials including Governor Tim Walz, Minneapolis Mayor Jacob Frey, and Attorney General Keith Ellison, ruling that the Department of Justice was attempting to "harass" Minnesota leaders into enforcing immigration policy.
Subpoenas quashed
The backstory:
In January, the Department of Justice served grand jury subpoenas to six Minnesota offices, including the offices of Governor Tim Walz, Minneapolis Mayor Jacob Frey, Attorney General Keith Ellison, and St. Paul Mayor Kaohly Her. The Hennepin County Board of Commissioners, and the Ramsey County board were also targeted in the effort.
The subpoenas were reportedly part of an investigation into an alleged conspiracy to coerce or obstruct federal law enforcement during the Department of Homeland Security's Operation Metro Surge in Minnesota.
Dig deeper:
The judge found the subpoenas were "extremely broad", seeking everything from communications and policies to training materials and internal guidance, all related to how these offices responded to federal immigration authorities or requests for cooperation.
"The challenged subpoenas are extraordinarily broad," the judge wrote. "They are directed to a wide swath of the state's political leadership, including the governor, the attorney general, the mayors of the state's two largest cities, and the boards of the state's two largest counties. They seek materials that largely, if not entirely, relate to constitutionally protected conduct."
Pointing in part to posts made by Trump during the surge, the judge agreed the subpoenas amounted to "an unconstitutional effort to coerce Minnesota officials into assisting the federal government with enforcing civil immigration laws and to harass and retaliate against them for failing to do so."
DOJ serves subpoenas to Minnesota officials
Tensions between Minnesota’s leaders and federal immigration enforcement officials are escalating to a new level after the DOJ announced it was investigating Gov. Walz and both Minneapolis and St. Paul mayors for allegedly impeding operations.
Officials react to decision
What they're saying:
The following statements have been issued by officials targeted in the investigation:
Governor Walz statement
"Today’s ruling is a victory for the rule of law and our democracy. A federal district judge found that the U.S. Department of Justice’s investigation into me and other Minnesota elected officials was politically motivated, unconstitutional, and meritless.
"I am proud to have joined Minnesotans in exercising our fundamental American freedoms - of speech, assembly, to disagree with our government. These rights are enshrined in our Constitution. And, they are what makes America great.
"An independent judiciary is a pillar of our democracy. It’s one reason why the U.S. has been that shining city on the hill for nearly 250 years.
"The U.S. Justice Department is pursuing criminal investigations into the President’s political opponents. This case was just one example of that, but we are seeing daily reminders of this administration’s lawlessness – in Minnesota and around the country. We all must continue to seek justice and uphold the rule of law.
"I will never stop exercising my constitutional rights to stand up for Minnesotans and the American freedoms that we hold dear."
Mayor Frey statement
"This Department of Justice investigation was never about justice, law, and order, but the absence of it. Subpoenaing political opponents because they spoke on behalf of their constituents violates the core tenets of our democracy and human decency.
"Today, a federal court rejected that effort to weaponize DOJ power against elected leaders who disagree with the federal administration and spoke out against the horrific invasion of Minnesota.
"My job is not to stay silent when Minneapolis residents are killed, families are torn apart, and businesses are closed. My job is to stand up for the people I represent, the families who call our city home, and the thousands of people who showed up and spoke out.
"Criticism of government action is not a crime. One of the defining strengths of our democracy is the ability to challenge those in power without fear of retribution. Elected officials have both the right and the responsibility to speak honestly about how government decisions affect the people they serve.
"No one should be targeted for questioning those in power. No community should be expected to accept harmful policies without objection. And no administration should use the tools of law enforcement to silence dissent.
"I am grateful that justice was upheld by today’s court decision. I’m proud to be the mayor of a city of heroes where loving your neighbor is an act of patriotism that puts America first before any politician."
Attorney General Ellison statement
"The facts are clear: the Trump administration is targeting me because I’m standing up for the people of Minnesota. In America, we settle our political differences at the ballot box, and it should disturb every American that Donald Trump is weaponizing the criminal justice system against people he disagrees with. No matter how much Donald Trump threatens, targets, and attacks me, I will never stop working to protect Minnesotans from Trump’s abuses of power."
Mayor Kaohly Her statement
"I am grateful that the Federal District Court saw this subpoena for what it was: a politically motivated retaliation against our city for lawfully standing up to ICE and fighting for our residents.
"We remain committed to protecting our neighbors and legally ensuring that intimidation never dictates how we serve the people who call Saint Paul home."
Hennepin County Attorney Mary Moriarty
"These subpoenas were a political attack when they were issued in January and a federal judge reached a similar conclusion when quashing them, handing the federal government another in a string of legal failures.
"Hennepin County was targeted with no legal basis and our office’s Civil Division did an excellent job in defending a baseless attack in the courtroom during and after the federal occupation of our streets."
DOJ statement on subpoenas
The other side:
In a statement to FOX 9, a Department of Justice spokesperson responded to the decision: "The Department takes the unlawful obstruction of federal law enforcement operations extremely seriously and will continue to act in full compliance with the law to investigate these matters."