DOJ subpoenas Walz, Ellison, Frey, Minnesota officials in probe alleging immigration obstruction, sources say

The Justice Department on Tuesday subpoenaed several Minnesota Democratic officials, including Gov. Tim Walz, Attorney General Keith Ellison and Minneapolis Mayor Jacob Frey, as part of an investigation into an alleged plot to obstruct federal immigration agents, three sources familiar with the matter told CBS News.

The subpoenas represent a significant escalation between the Justice Department and Minnesota officials, who clashed on the Trump administration intense repression against immigrants living in the state illegally. They were served the same day that Attorney General Pam Bondi arrived for a visit to Minnesota, multiple sources told CBS.

The subpoenas were sent as part of a Justice Department investigation into state and local officials to see if they might have conspired to prevent federal agents from carrying out their duties, sources said.

The Justice Department did not immediately respond to a request for comment.

A copy of a subpoena seen by CBS does not specify what criminal violations the department is investigating. However, multiple sources previously told CBS that the primary law used as the basis for the investigation is 18 USC 372 — the same one that was used against some of the rioters who stormed the U.S. Capitol on January 6, 2021, including members of the far-right Oath Keepers and the Proud Boys.

Mr. Trump granted pardons to the more than 1,500 people convicted of crimes related to the Capitol riots on his first day in office a year ago.

Earlier this month, the Department of Homeland Security staged a massive deployment of federal immigration agents to the Minneapolis area, saying they would be tasked with arresting people suspected of being in the United States illegally and investigating allegations of fraud.

In total, about 3,000 Immigration and Customs Enforcement and Border Patrol agents have been sent to the Twin Cities, a force that is nearly five times the size of the Minneapolis Police Department, which employs about 600 officers.

This high-profile federal deployment was met with strong opposition from state and local leaders, including WaltzEllison and Freyand angered many local residents, who denounced the federal agents’ actions and operations as brutal and indiscriminate.

Demonstrations and clashes between residents and federal agents became an almost daily phenomenon, especially after the murder from Minneapolis mother Renee Bonne by a ICE Officer on January 7.

CBS News has reached out to Walz’s office for comment.

Frey, in a statement to CBS News, confirmed receiving the subpoena and said the Justice Department was simply pursuing him for his disagreement with the administration.

“When the federal government uses its power to try to intimidate local leaders who are doing their jobs, all Americans should be concerned,” he said. “We shouldn’t have to live in a country where people fear that federal law enforcement will be used to play politics or suppress local voices they disagree with. In Minneapolis, we will not be afraid. We know the difference between right and wrong, and, as mayor, I will continue to do the job I was elected to do: keep our community safe and uphold our values.”

Ellison, in a statement to CBS, also confirmed that his office had received a grand jury subpoena seeking records, and noted that the subpoena was not addressed to him personally.

“Less than two weeks ago, federal agents shot and killed a Minnesotan in broad daylight. Now, instead of seriously investigating Renee Good’s murder, Trump is weaponizing the justice system against any leader who dares to stand up to him,” he said.

“This is all very irregular, especially the fact that this comes shortly after my office sued the Trump administration to challenge its illegal actions in Minnesota.”

The subpoena sent to Frey’s office orders the office’s custodian of records to appear to testify on Feb. 3.

It also requests eight categories of records, including all records and communications issued by the office since Jan. 1 related to federal immigration enforcement in Minnesota, any communications related to lack of cooperation with federal immigration enforcement, and all directives issued to Minnesota residents regarding their interactions with immigration officials.

Legal experts remain skeptical that the Justice Department has enough evidence to secure a possible indictment in the case.

“A grand jury subpoena should not be issued to a person who is simply exercising their First Amendment rights,” said Gene Rossi, a former federal prosecutor who is now an attorney at Carlton Fields.

“Preventing an investigation is not done by words. It is done by actions. And all they are doing is criminalizing a president’s policies. If that is the basis for a grand jury investigation, the entire country could be subject to a grand jury investigation.”