A federal judge in Minneapolis is considering whether to force the federal government to hand over more evidence against 15 anti-ICE protesters charged with conspiracy.
Magistrate Judge David Schultz heard arguments from defense attorneys Thursday, who say the additional evidence could shed light on whether the federal prosecutions of the so-called Minnesota 15 were politically motivated or designed to suppress free speech rights.
Defendants want to find out what led to the start of the conspiracy investigation, more information about the scope of the government’s operations, as well as investigative reports that the federal government hasn’t already provided. They’re hoping the materials will allow them to show that the government vindictively prosecuted the defendants.
Attorney Kevin Riach, who is representing defendant Isaac Sant, argued this Department of Justice does not deserve the presumption of regularity normally afforded to prosecutors because the government has repeatedly failed to follow judges’ orders and repeatedly dropped charges against political opponents when they couldn’t be substantiated.
“We’ve got to the point that federal judges are telling the government, ‘We can’t rely on you anymore,’” Riach said in court.
Defendants are asking for all Homeland Security reports on Minnesota unions, nonprofits, protesters and activists, as well as details of Operation Keyhole and Operation Puppet Master, which were disclosed in the earlier materials. Riach argued in court that national information about Homeland Security investigations are relevant because agents in places like Los Angeles and Oregon participated in the Minnesota investigations.
“This is information that extends beyond this case but is relevant to impeaching these agents as to what the heck is going on here.” Riach said.
Prosecutors have pushed back on the broad request for more materials, arguing that it doesn’t meet the standards required to justify overriding the deference courts have traditionally shown for prosecutors’ charging decisions. The government also has argued the materials defendants are requesting are not necessary for them to prepare their case.
Assistant U.S. Attorney Sommer Lindsay Honeycutt told the court that the investigations of the 15 activists were justified by complaints to security at the Whipple Federal Building, confrontational protests during ICE actions and discussions of direct actions, although she acknowledged the government isn’t claiming defendants were involved in those activities.
Honeycutt said she tried to show there were reasons for beginning the investigation, which included officer and employee safety, but agents observed concerning behavior like discussions of using smoke bombs that required further investigation.
“This prosecution is not based on [going after] First Amendment protections,” Honeycutt said. “This prosecution is based on real actions that rise to the level of criminal conduct.”
Read more
