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Federal Judge Quashes ‘Retaliatory’ Subpoenas Against Minnesota Gov. Tim Walz
Six grand jury subpoenas were quashed by a federal judge Wednesday, when it was decided that the subpoenas were filed to retaliate against Democratic Minnesota Gov. Tim Walz’s administration and the city governments of Minneapolis and St. Paul.
Chief Judge Patrick J. Schiltz of the District of Minnesota made his ruling public on Monday, granting the motion requested by the Minnesota officials to quash grand jury subpoenas related to Minnesota declaring itself to be a “sanctuary” state.
Last December, the Department of Homeland Security deployed over 3,000 agents to Minnesota as part of the largest immigration-related operation in the department’s history, Operation Metro Surge. After the killings of Renee Good and Alex Pretti by DHS agents, the state of Minnesota as well as the twin cities challenged Operation Metro Surge in court, prompting President Donald Trump to rail against the local officials on social media.
READ MORE: Trump Dangles Another Insurrection Act Threat for Minnesota
Days after Minnesota, Minneapolis and St. Paul filed suit, news reports revealed that the Department of Justice had begun to investigate Walz and Minnesota Mayor Jacob Frey. Trump administration officials said that by not supporting the actions of DHS, Walz and Frey were breaking the law.
The Minnesotan officials argued that the subpoenas were “issued as part of an unconstitutional effort to coerce” them into working with DHS and ICE.
Judge Schiltz found that though grand juries traditionally “have broad investigatory powers,” the subpoenas had exceeded those powers. Schiltz agreed that the subpoenas were in violation of the Tenth Amendment, allowing states some degree of autonomy from the federal government.
Schiltz wrote that he had “no doubt” the subpoenas were issued for the “forbidden purposes” of attempting to “harass” or “coerce” Walz and Frey “into taking official action…. a blatantly unlawful and unethical use the grand-jury process.”
“On the one hand, the evidence that the challenged subpoenas were issued for unlawful reasons is overwhelming. On the other hand, the Department has struggled-without success-to identify a single plausible investigatory justification for the subpoenas,” Schiltz wrote, pointing out that the “public record… is replete with direct evidence of the Trump administration—including the highest-ranking officials of the Department—threatening and attempting to punish states and localities that have adopted ‘sanctuary’ policies.”
“To be clear, the Court agrees with the Department that a grand-jury subpoena need not be supported by probable cause. At the same time, a grand-jury subpoena cannot be issued for an improper purpose. The fact that connections between the information sought in the subpoenas and any possible criminal violation range from extremely weak to nonexistent only adds to the overwhelming evidence that these subpoenas were not issued to investigate, but to harass, coerce, and retaliate,” Schiltz added.
Image via Shutterstock
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