Moriarty prepared to sue feds over 'obstruction' as office weighs charges in Good, Pretti shootings
Moriarty threatens lawsuit over 'obstruction' by feds
Hennepin County Attorney Mary Moriarty is threatening to file a lawsuit as soon as Tuesday, as she accuses federal authorities of "obstructing" her office's investigation into the shootings of Renee Good and Alex Pretti.
MINNEAPOLIS (FOX 9) - Hennepin County Attorney Mary Moriarty says her office is prepared to file new lawsuits to get access to evidence in the shootings of Renee Good and Alex Pretti, as her office moves closer to making charging decisions in the use-of-force cases.
Moriarty accuses feds of ‘obstruction’
What we know:
As she unveiled a new system to document potential abuses of power by federal officers, Hennepin County Attorney Mary Moriarty answered a question on whether she thought federal officials could "obstruct" any attempt to arrest a federal officer.
"I would say they're already doing that," said Moriarty, referring to the Good and Pretti cases. Moriarty discussed the fight between the BCA and FBI over access to evidence in the Pretti case.
Touhy deadline nears
The backstory:
Moriarty's office also sent a "Touhy" demand for evidence to the federal government in the Pretti case last month. The office set a March 3 deadline for a response.
"We hope that by tomorrow, we do get a response from them giving us the information we've asked for," said Moriarty. "But if they don't, that's another indication that they are obstructing our ability to gather all of the information that we need, or that we want to have to make decisions in this case."
Charging decision?
What's next:
Moriarty reiterated on Monday that she expects to have enough evidence to make charging decisions in both shootings. Moriarty says her office received more than a thousand submissions through its evidence portal for the Good and Pretti cases. Those portals are now closed.
But, legal experts say that it is unlikely that federal officers will ever face a state trial for the shootings due to the Supremacy Clause in the Constitution. The clause protects federal officers from state charges for acts performed within the course of their official duties.
In order for the cases to move forward in state court in Minnesota, prosecutors would have to prove the federal officers were acting outside their official capacity. The officers could still face charges in federal court, but it would be up to federal prosecutors to bring charges under those circumstances.
New evidence portal
Big picture view:
On Monday, Moriarty launched a new evidence portal to gather and evaluate evidence of potentially unlawful actions by federal agents from the public.
The new Transparency and Accountability Project is investigating 17 incidents, including actions by Border Patrol Chief Gregory Bovino near Mueller Park on January 21.
Speaking on Monday, Moriarty discussed the challenges of the Supremacy clause but made it clear that federal officers do not get "absolute immunity."
"Make no mistake, we are not afraid of the legal fight, and we are committed to doing this correctly," said Moriarty. "Operation Metro Surge caused immeasurable harm to our community. Our immigrant neighbors have shown incredible bravery and resilience. Our broader community showed incredible courage, protecting neighbors, engaging in mutual aid and documenting all that happened. Our community deserves transparency and accountability."