Minnesota Prosecutor Exodus Enables Felon Release While Immigration Agents Expand §111 Detentions

Updated 2026-02-19 20:06:34+00:00 (8 articles)

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Staffing Collapse Leaves Minnesota Federal Office Severely Undermanned The U.S. attorney’s office in Minnesota has seen assistant U.S. attorneys drop from over 40 to fewer than 24 since 2021, driven by resignations over Trump‑era immigration directives and DOJ interference [1]. The exodus has crippled the office’s capacity to pursue violent‑crime and drug cases, prompting local officials to warn of heightened public‑safety risks [1]. The staffing shortfall directly contributed to the inability to reassign active files when prosecutors retire.

Cory Allen McKay Walks Free After Prosecutor Retirement Triggers Dismissal Twelve‑time convicted felon Cory Allen McKay, facing a potential 25‑year sentence for meth‑trafficking, saw his case dismissed when the assigned prosecutor retired and the office failed to reassign the file [1]. The dismissal mirrors other recent drops, including a 7,600‑pill fentanyl case and a Rochester meth‑conspiracy charge, illustrating a pattern of case collapses amid the crisis [1]. Clay County Sheriff Mark Empting labeled McKay’s release a “big public safety concern.”

Trump‑Era Surge in 18 U.S.C. § 111 Prosecutions Marks Sharp Increase Federal districts covering Minneapolis, Chicago, Los Angeles and Portland filed roughly 580 §111 cases in the first year of President Trump’s second term, a 40 % rise over the previous Biden year [2]. Prosecutors charged about 12 times more individuals than the prior year, yet most cases have collapsed or resulted in acquittals, with 16 of 22 Chicago cases dismissed and all five Los Angeles trials ending in acquittal [2]. The statistic underscores a prosecutorial focus shift toward immigration‑related offenses.

Legal Scholars Decry Weaponization of §111 Against First‑Amendment Activity Attorneys James Cook and Alicia Granse argue that recording or peacefully protesting federal officers does not satisfy the “force” element required by §111, warning that the statute’s broad interpretation threatens free‑speech rights [2]. DHS officials justify the surge by citing a “massive increase” in assaults on federal officers, though the majority of prosecutions lack substantive evidence of force [2]. The Justice Department’s Criminal Resource Manual emphasizes that “force is an essential element,” yet agencies appear to stretch the definition to include threats.

Combined Impact Raises Community Safety and Constitutional Concerns The dual pressures of a depleted prosecutorial staff and aggressive §111 enforcement create a volatile environment for Minnesota residents, where dangerous offenders may evade prosecution while citizens risk detention for protected expression [1][2]. Local lawyers and sheriffs warn that the weakened federal office cannot effectively target fraudsters, sexual predators, or violent gangs, compounding the threat posed by high‑profile releases like McKay’s [1]. Simultaneously, civil‑rights advocates monitor the expanding use of §111 as a tool that could suppress dissent.

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Timeline

2024 – ICE officer Jonathan Ross kills immigrant‑rights activist Renee Good, federal agents later shoot nurse Alex Pretti and wound migrant Julio Cesar Sosa‑Celis, sparking citywide protests in Minneapolis that become a flashpoint for later immigration‑enforcement actions[3].

Dec 2025 – Attorney General Pam Bondi launches a months‑long crackdown on protest assaults, promising “severe consequences” for anyone assaulting federal officers during President Trump’s immigration‑enforcement actions[8].

Dec 2025 – An AP review of 166 federal cases filed from May‑Dec 2025 shows 100 felony assault charges, of which 55 are reduced or dismissed, 23 result in guilty pleas to lesser offenses, and all five misdemeanor trials end in acquittals, highlighting the DOJ’s difficulty securing convictions[7].

Dec 2025 – DHS logs 238 assaults on ICE personnel nationwide since the start of Trump’s second term, while 58 felony indictments remain pending, underscoring the administration’s justification for expanded prosecutions[8].

Jan 16, 2026 – Veteran prosecutor Michael Ben’Ary is fired after leading the Kabul airport bombing case, exemplifying a broader DOJ purge that removes experienced lawyers from civil‑rights, counter‑terrorism, and immigration units[6].

Jan 28, 2026 – Attorney General Pam Bondi announces the arrest of 16 Minnesota protesters under 18 U.S.C. § 111, posting their names and headshots on DHS’s X account and warning that more arrests are expected[3].

Jan 28, 2026 – Protester Nasra Ahmed recounts a two‑day ICE detention in which she suffered a concussion and racial slurs, while DHS reiterates its commitment to prosecute all assaults on law‑enforcement officers[3].

Jan 29, 2026 – DOJ officials anticipate a fresh wave of resignations in the Minnesota U.S. Attorney’s office, fearing staff shortages could cripple immigration‑related prosecutions after earlier departures over the Good shooting response[2].

Jan 29, 2026 – U.S. Attorney Daniel Rosen urges his team to align with Trump‑era immigration policies, while DOJ redeploys Midwestern prosecutors and the Pentagon dispatches dozens of military lawyers to Minneapolis to fill the staffing gap[2].

Jan 29, 2026 – The chief judge of the federal district court issues a sharply worded order accusing DHS of repeatedly violating court orders in immigration‑custody cases, intensifying judicial‑executive tensions[2].

Feb 3, 2026 – A new wave of Minnesota prosecutor resignations erupts, with eight attorneys leaving or planning to leave after half‑a‑dozen quit last month in protest of the Justice Department’s handling of the Good shooting and the Trump administration’s immigration focus[5].

Feb 3, 2026 – Deputy Attorney General Todd Blanche announces a DOJ civil‑rights investigation into the killing of Alex Pretti, stating the department is reviewing “all evidence” surrounding the incident[5].

Feb 19, 2026 – Immigration agents expand use of 18 U.S.C. § 111, detaining U.S. citizen Ryan Ecklund for nine hours after he films ICE agents in Minnesota, then releasing him without charges while providing video to CNN[1].

Feb 19, 2026 – Trump‑era prosecutions under § 111 surge roughly 40 % compared with the Biden final year, with about 580 cases filed in the first year of the second Trump term, yet most have collapsed or ended in acquittals[1].

Feb 19, 2026 – DHS officials cite a “massive increase in violence and threats against federal law‑enforcement” as justification for the heightened referrals under § 111, linking the surge to the 238 assaults recorded in 2025[1].

Feb 19, 2026 – Legal scholars warn that the broad interpretation of § 111 weaponizes the statute against protected First‑Amendment activity, arguing that merely recording or protesting officers does not meet the “force” element required for conviction[1].

Feb 19, 2026 – The Minnesota U.S. Attorney’s office is gutted by resignations, leaving it unable to prosecute a 12‑time convicted felon, Cory Allen McKay, whose meth‑trafficking case is dismissed after the assigned prosecutor retires[4].

Feb 19, 2026 – Assistant U.S. attorneys in Minnesota fall from over 40 before 2021 to fewer than 24, crippling the office’s capacity to target violent gangs, drug traffickers, and fraudsters, as local officials warn of a public‑safety crisis[4].

Feb 19, 2026 – Local officials, including Minneapolis lawyer John Marti and Clay County Sheriff Mark Empting, warn that the weakened office endangers community safety and could allow dangerous criminals like McKay to roam free[4].