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Feds face 'uphill climb' in Minnesota anti-ICE conspiracy case, law expert says

Security officials attempt to shut the doors to the federal courthouse
Court security officials attempt to shut the doors to the federal courthouse building as protestors chant outside on Tuesday.
Ben Hovland | MPR News

Federal prosecutors on Tuesday charged 15 Minnesotans with conspiring to impede or injure federal officers during the surge of immigration agents into the state earlier this year. But proving conspiracy is going to be difficult, a law professor told MPR News.

“That's the essence of conspiracy in that it has to be an agreement to do an illegal act, not just to exercise constitutional rights. So it's going to be an uphill climb for the government on this one,” Mark Osler, who teaches law at the University of St. Thomas, told MPR News.

U.S. Attorney for Minnesota Daniel Rosen told reporters the 15 were “charged not for what they said, but for what they did” as agents from Immigration and Customs Enforcement and other agencies flooded the Twin Cities.

Prosecutors also alleged those charged conspired to “violently oppose immigration law enforcement,” but the indictment itself does not allege any specific acts of violence.

“There's no doubt that there's people that commit political violence on on every side of the issue, and when you've got things that are truly dangerous, then those should be prosecuted,” Osler said. “The question is, is this one of those cases?”

Listen to the full conversation by clicking the player above.