Judge blocks feds from destroying evidence in Minnesota shooting
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People mourn at a makeshift memorial in the area where 37-year-old Alex Pretti was shot dead by federal immigration agents earlier in Minneapolis, Minnesota, on Jan. 24. Photo: Roberto Schmidt / AFP via Getty Images
A federal judge blocked the Trump administration from "destroying or altering" evidence related to the fatal shooting of a protester by federal immigration agents in Minneapolis in an order late Saturday.
The big picture: At stake is whether states can investigate federal agents who use deadly force within their borders. The dispute marks an extraordinary breakdown in federal–state cooperation.
- Minnesota's state official who investigates such shootings said in court filings he'd never seen federal agents block local access to a crime scene where both feds and the state had jurisdiction in 20 years on the job.
- It's the second time this month federal agents blocked Minnesota police from investigating a shooting death by federal officials.
- Minnesota Gov. Tim Walz has already pledged a state investigation, blasting the federal government's accounts of Alex Pretti's final moments as "lies."
Driving the news: U.S. District Judge Eric Tostrud granted a request Saturday from Minnesota's Bureau of Criminal Apprehension and Hennepin County prosecutors to prevent the Department of Homeland Security and other agencies from altering evidence.
- "Federal agents are not above the law and Alex Pretti is certainly not beneath it," Attorney General Keith Ellison said in a statement about the lawsuit. "A full, impartial, and transparent investigation into his fatal shooting at the hands of DHS agents is non-negotiable."
- Local authorities alleged in their motion for a temporary restraining order that federal officials hastily removed evidence from the scene of the shooting.
The other side: Assistant DHS Secretary Tricia McLaughlin said in a statement to Axios that any claim the government would destroy evidence is "a ridiculous attempt to divide the American people and distract from the fact that our law enforcement officers were attacked."
- She added DHS is actively investigating the matter.
Catch up quick: The shooting death of a 37-year-old ICU nurse has further aggravated the already sharp tensions between local and federal officials amid Trump's massive surge of federal agents in the Twin Cities.
- Videos show Pretti recording agents with a phone and attempting to help someone an agent pushed to the ground. He was sprayed with chemical agents and wrestled to the ground before shots rang out.
- DHS said Pretti was armed with a gun, but the videos do not appear to show him reaching for or brandishing the firearm.
- Minneapolis Police Chief Brian O'Hara said Pretti was believed to be a lawful gun owner with a permit to carry.
Friction point: DHS Secretary Kristi Noem said it appeared Pretti "arrived at the scene to inflict maximum damage" and wanted to "kill law enforcement."
- But his family has slammed what they called "sickening lies" about their son from the administration.
- "Alex is clearly not holding a gun when attacked by Trump's murdering and cowardly ICE thugs," Pretti's parents said in a statement, per KARE 11.
What they're saying: The International Association of Chiefs of Police, which describes itself as the world's largest association for police leaders, called on the White House to bring together federal, state and local law enforcement to find a path forward.
What we're watching: Tostrud gave the administration until midday Monday to respond or object to the order and set a hearing for Monday afternoon.
Go deeper: Minneapolis nurse identified as person killed by federal agents
