Trump-Appointed Judge Delivers Scathing Rebuke of Administration Statements in Minneapolis Shooting Case
A federal judge appointed by former President Donald Trump has issued a strongly worded criticism of top administration officials, including Stephen Miller, for what he described as "troubling" and politically motivated statements made in the immediate aftermath of the fatal shooting of Alex Pretti by federal immigration officers in Minneapolis.
Judge Tostrud's Ruling on Evidence Preservation Order
Minnesota District Judge Eric C. Tostrud, while dissolving a temporary restraining order that had blocked Homeland Security from handling evidence in the case, expressed significant reservations about the conduct and commentary from federal officials following the January shooting incident. The judge's Monday night ruling marked a notable development in the ongoing legal proceedings surrounding Pretti's death.
Judge Tostrud specifically highlighted inflammatory social media posts from Stephen Miller, who had baselessly labelled Pretti a "domestic terrorist" who "tried to assassinate federal law enforcement." Similar statements from Homeland Security officials and Secretary Kristi Noem, suggesting Pretti intended to "do maximum damage and massacre law enforcement," drew particular scrutiny from the bench.
Concerns Over Evidence Handling and Political Motivations
The judge wrote that these statements "reflect, not a genuine interest in learning the truth, but snap judgments informed by speculation and motivated by political partisanship." He noted that administration officials appeared to have decided the day Pretti was killed that the federal officers involved had done nothing wrong, raising questions about impartiality in the investigation.
Despite these concerns, Judge Tostrud determined that Minnesota law enforcement agencies had not demonstrated that the statements reflected any "intent to destroy or spoliate evidence related to the investigation." The ruling acknowledged that some evidence was likely damaged or lost when state and local law enforcement were initially blocked from the scene, attributing this primarily to a "volatile" crowd that had "overrun" the area rather than deliberate misconduct by federal agencies.
Evidence Collection and Preservation Protocols
According to court filings, the initial investigation was led by Homeland Security Investigations (HSI), which is required to preserve all evidence collected. Sworn declarations from federal officials indicate that evidence including body-worn camera footage has been properly preserved and transferred to the FBI Minneapolis Field Office for safekeeping.
Judge Tostrud addressed concerns about officers' mishandling of a firearm recovered from the scene, noting that photographs of the weapon had been posted to social media shortly after the shooting. However, he concluded that without further information, "it is difficult to determine whether Defendants' mishandling of the firearm might show that further spoliation or other evidence-preservation misbehaviors are likely."
Parallel Investigations and Ongoing Legal Proceedings
The Department of Justice has announced it is opening a federal civil rights investigation into the shooting, which will remain separate from Homeland Security's internal probe. This development comes as the Hennepin County Attorney's Office has submitted formal demands for evidence in its investigation into the separate January 7th killing of Renee Good by an Immigration and Customs Enforcement officer.
Hennepin County Attorney Mary Moriarty stated on Monday: "I expect the federal government to provide the requested information, documents and physical items to our office. The federal government has been clear that they are not conducting an investigation into Renee Good's death. But we are." The government has been given until February 17th to respond to these evidence requests.
During recent hearings, Assistant U.S. Attorney Friedrich Siekert indicated that any state requests for evidence in potential criminal investigations against the agents involved in Pretti's shooting would only be available through standard public records requests after the conclusion of all federal matters, creating potential delays in state-level proceedings.
