MN Charges ICE Officer with Assault in First-Ever Case

Minnesota Prosecutor Charges ICE Officer with Assault

Hennepin County, Minnesota, has taken a historic step by filing assault charges against an Immigration and Customs Enforcement (ICE) officer for actions allegedly committed during a federal immigration crackdown. This marks the first time a state prosecutor has charged an ICE agent for alleged on-duty conduct.

Officer Accused of Pointing Firearm at Motorists

Agent Gregory Donnell Morgan Jr. faces a felony charge of second-degree assault with a dangerous weapon. Prosecutors claim that in February, Morgan, driving an unmarked vehicle, pointed his government-issued firearm at two motorists. The incident occurred on a highway in Minnesota as the black SUV, driven by Morgan, sped up the shoulder without lights or markings, leaving the other drivers unaware it was law enforcement.

According to the criminal complaint, the motorists reported that the SUV approached them rapidly while they were in the right lane of the highway. They had no way of knowing it was a law enforcement vehicle.

Hennepin County Investigating Multiple Incidents

Hennepin County Attorney Mary Moriarty stated that her office is investigating 17 separate incidents involving federal agents. This includes the January shooting deaths of Alex Preddy and Renee Good, as well as a shooting that injured a Venezuelan migrant and the arrest of a U.S. citizen who was reportedly ordered from his home in freezing temperatures.

Moriarty highlighted that in many of these cases, the federal government has not been cooperative. Information as basic as the names of agents has reportedly been withheld from local investigators.

“The federal government is actively making it extremely difficult for us to do any of that,” Moriarty said, referring to the process of investigating law enforcement actions.

Challenges in Prosecuting Federal Agents

Prosecuting federal agents presents significant practical and legal hurdles. Moriarty explained that while there is no such thing as absolute immunity for federal agents, they can claim supremacy clause immunity. This requires them to prove they were acting within the scope of their federal employment and did only what was necessary and proper.

Adding to the complexity, Moriarty noted that the federal government’s lack of cooperation is a major obstacle. She contrasted this with how investigations into Minnesota police officers are handled, where state agencies like the Bureau of Criminal Apprehension (BCA) are typically granted immediate access to scenes and evidence.

In one instance, the BCA was physically blocked by federal agents from accessing a crime scene. Moriarty’s office had to file a federal lawsuit and obtain a temporary restraining order to preserve evidence.

Legal Battles for Information

Moriarty’s office is engaged in legal battles to obtain crucial information. They have filed a lawsuit against the Department of Justice under the Administrative Procedure Act (APA) after the department failed to respond to requests for evidence, including agent statements and personnel records.

The DOJ’s response to this lawsuit is expected in May. Moriarty stressed that this process is necessary because local prosecutors cannot simply subpoena such information from federal agencies.

Looking Ahead

Despite the challenges, Hennepin County is committed to holding federal agents accountable. The office is working with legal groups specializing in federal law to navigate these complex cases. Moriarty indicated that more charges against federal agents may be forthcoming as investigations continue.

Source: ‘First-of-it’s kind:’ Minnesota Charges ICE officer with Assault (YouTube)