Lawyer for anti-ICE activists makes case in court for release of more details of federal surveillance
Go Deeper.
Create an account or log in to save stories.
Like this?
Thanks for liking this story! We have added it to a list of your favorite stories.
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.
Turn Up Your Support
MPR News helps you turn down the noise and build shared understanding. Turn up your support for this public resource and keep trusted journalism accessible to all.
“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.”
After the hearing, defendants and dozens of their supporters rallied outside the courthouse.
“They were spying on us from day one,” said defendant Isaac Sant. “In fact, five days before Operation Metro Surge was declared, on Nov. 28, they began spying on our organizations. So this is not law enforcement as we commonly understand it. This is an attempt to impose autocratic rule."
The judge said he expects to make a decision on the motions for discovery as quickly as possible.
Court documents made public in the case earlier this month revealed that federal agencies engaged in extensive surveillance of activists during protests and meetings at churches, union halls and schools earlier this year. Those activities include at least one incident where an undercover agent infiltrated an event at a Minneapolis church that was covered by a federal injunction barring immigration enforcement on the church’s property. The government is expected to defend its actions in that case at a hearing in Boston next week.
Operation Keyhole, Operation Puppet Master and Project Whipple Shield documents show the federal government engaged in actions in Minnesota that they named, although not many details are available about the exact focus of these operations.
Conservative critics of the president joined the push for the documents to be released to the defendants earlier this week. They said a presidential memo issued last September “directs the federal government to target, investigate and prosecute entities with disfavored political beliefs.”
Federal prosecutors indicted the 15 activists on conspiracy charges in June for allegedly attempting to impede or injure federal law enforcement officers during the ICE surge into Minnesota this winter.
The Minnesota 15 case has attracted attention from around the country. Similar charges against activists in Illinois were dismissed in May after a judge discovered extensive prosecutorial misconduct. However, some activists in Texas and Oregon have been convicted on felony conspiracy charges for their organizing against ICE.
Another 38 people, including a handful of journalists, are facing separate conspiracy charges tied to a protest at a St. Paul church over the winter. A federal judge in that case is undertaking an unusual full review of typically secret grand jury materials — as defendants have argued that it’s likely the government misrepresented facts or misled grand jurors about the law in order to secure the indictment.
Reporter Matt Sepic contributed to this story.
