Judge Cites Tenth Amendment in Eye-Catching DOJ Subpoenas Targeting Walz and Other Minnesota Officials – JURIST Clio

Judge Cites Tenth Amendment in Eye-Catching DOJ Subpoenas Targeting Walz and Other Minnesota Officials – JURIST

 Clio

A US federal judge has quashed Department of Justice (DOJ) grand jury subpoenas against Minnesota Governor Tim Walz, Attorney General Keith Ellison and other state and local officials. The court found that the Justice Department used the subpoenas as part of an unconstitutional attempt to coerce them into assisting in federal immigration enforcement.

In an order dated June 17 but unsealed this week, Judge Patrick Schiltz of the U.S. District Court for the District of Minnesota said blocked Subpoenas that would have required Walz and several state, city and county offices to turn over records to a federal grand jury. The subpoenas sought documents related to federal immigration enforcement in Minnesota dating back to January 1, 2025.

Schiltz noted that the DOJ issued the subpoenas Pressure Minnesota officials attempted to help the federal government enforce civil immigration laws and harassed and retaliated against them for refusing. He concluded that the subpoenas were issued for an unconstitutional purpose – to coerce and retaliate against public officials, violating the Tenth Amendment’s “anti-commandeering” principle, which prohibits the federal government from forcing state officials to enforce federal regulatory programs or punishing them if they refuse.

The DOJ issued the subpoenas in January during Operation Metro Surge, a sweeping federal immigration enforcement operation in Minnesota. The operation sparked protests and escalated after federal officers fatally shot Renee Good and Alex Pretti. Federal prosecutors were investigating whether Minnesota officials hindered or obstructed federal law enforcement through their public opposition to the operation.

Schiltz rejected the DOJ’s justification for the subpoenas, noting that there was only an “extremely weak to non-existent” connection between the requested records and a possible crime. He concluded that the Justice Department issued the subpoenas not for investigative purposes but to “harass, coerce and retaliate.”

The DOJ has not said whether it will appeal the ruling. A department spokesman defended the investigation and said the department would continue to act within the law.

Walz praised the verdict all in one opinion posted on X and called it “a victory for the rule of law and our democracy.” He said the Justice Department’s investigation was “politically motivated, unconstitutional and baseless,” adding that he will “never stop exercising his constitutional right” to advocate for Minnesotans.

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