DOJ subpoenas Walz, Ellison, Frey, Minnesota officials in probe alleging immigration obstruction, sources say
The Justice Department on Tuesday served subpoenas to multiple Democratic officials in Minnesota, including Gov. Tim Walz, Attorney General Keith Ellison and Minneapolis Mayor Jacob Frey, in connection with a probe into an alleged conspiracy to impede federal immigration officers, three sources familiar with the matter told CBS News.
The subpoenas represent a significant escalation between the Justice Department and Minnesota officials, who have clashed over the Trump administration’s intense crackdown against immigrants living in the state illegally. They were served on the same day that Attorney General Pam Bondi arrived for a visit in Minnesota, multiple sources told CBS.
The subpoenas were sent in connection with a Justice Department investigation into state and local officials to see if they may have conspired to impede federal officers from discharging their duties, sources said.
The Justice Department did not immediately respond to a request for comment.
A copy of a subpoena seen by CBS does not specify which criminal violations the department is probing. However, multiple sources previously told CBS the primary statute being used as the basis for the probe is 18 USC 372 — the same one that was used against some of the rioters who stormed the U.S. Capitol on Jan. 6, 2021, including members of the far-right Oath Keepers and the Proud Boys.
The statute cited as the basis for the probe is the same one that was used against some of the rioters who stormed the U.S. Capitol on Jan. 6, 2021, including members of the far-right Oath Keepers and the Proud Boys.
Mr. Trump granted clemency to the more than 1,500 people who were convicted of crimes in connection with the Capitol riot during his first day in office one year ago.
Earlier this month, the Department of Homeland Security staged a massive deployment of federal immigration agents to the Minneapolis region, saying they would be tasked with arresting people suspected of being in the U.S. illegally and probing allegations of fraud.
In total, roughly 3,000 Immigration and Customs Enforcement officers and Border Patrol agents have been dispatched to the Twin Cities, a force that is nearly five times the size of the Minneapolis police department, which employs about 600 officers.
The high-profile federal deployment has been strongly opposed by state and local leaders, including Walz, Ellison and Frey, and angered many local residents, who have denounced actions and operations by federal agents as heavy-handed and indiscriminate.
Protests and confrontations between residents and federal agents have become a near daily occurrence, especially after the killing of Minneapolis mother Renee Good by an ICE officer on Jan. 7.
CBS News reached out to Walz’s office seeking comment.
Frey, in a statement to CBS News, confirmed receiving the subpoena and said the Justice Department is pursuing him for merely disagreeing with the administration.
“When the federal government weaponizes its power to try to intimidate local leaders for doing their jobs, every American should be concerned,” he said. “We shouldn’t have to live in a country where people fear that federal law enforcement will be used to play politics or crack down on local voices they disagree with. In Minneapolis, we won’t be afraid. We know the difference between right and wrong, and, as Mayor, I’ll continue doing the job I was elected to do: keeping our community safe and standing up for our values.”
Ellison, in a statement to CBS, also confirmed that his office has received a grand jury subpoena seeking records, and noted that the subpoena is not directed to him personally.
“Less than two weeks ago, federal agents shot and killed a Minnesotan in broad daylight. Now, instead of seriously investigating the killing of Renee Good, Trump is weaponizing the justice system against any leader who dares stand up to him,” he said.
“Everything about this is highly irregular, especially the fact that this comes shortly after my office sued the Trump Administration to challenge their illegal actions within Minnesota.”
The subpoena sent to Frey’s office orders the office’s custodian of records to appear for testimony on Feb. 3.
It also asks for eight categories of documents, including all records and communications issued by the office since Jan. 1, related to federal immigration enforcement in Minnesota, any communications related to the lack of cooperation with federal immigration enforcement and any directives issued to Minnesota residents concerning their interactions with immigration officers.
Legal experts remain skeptical that the Justice Department has enough evidence to secure any indictments in the case.
“A grand jury subpoena should not be issued to an individual who is merely exercising their First Amendment rights,” said Gene Rossi, a former federal prosecutor who is now an attorney with Carlton Fields.
“Impeding an investigation is not done by words. It is done by actions. And all they are doing is criminalizing the policy of a president. If that is the basis for a grand jury investigation, the entire country could be subject to a grand jury investigation.”
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