mary moriarty

MINNEAPOLIS — An ICE agent is charged with assault for allegedly pointing his gun at people in a car while driving on a Minneapolis highway, prosecutors in Minnesota said Thursday.

An arrest warrant in Hennepin County, which includes Minneapolis, says Gregory Donnell Morgan Jr. is charged with two counts of second-degree aggravated assault. The warrant says Morgan was working as an Immigration and Customs Enforcement officer in the Minneapolis area on Feb. 5 when he pointed a gun at the occupants of a vehicle on Minnesota State Highway 62.

Hennepin County Atty. Mary Moriarty said she believes it is the first criminal case brought against a federal immigration officer involved in the Trump administration’s crackdown on immigration enforcement that surged federal authorities into cities including Los Angeles, Chicago, Portland and New Orleans.

Department of Homeland Security and Justice Department officials didn’t immediately respond to emails seeking comment. The Associated Press called a number associated with Morgan and sent a message to his possible email address but did not receive any immediate response.

Moriarty said during a news conference that Morgan was driving a rented, unmarked SUV on the shoulder of the highway when a car on the road moved into the shoulder to try to slow Morgan down, not knowing he was a federal officer. After the car returned into the legal lane, Morgan pulled up alongside and pointed his service weapon at the people in the car.

Morgan, 35, and his partner, who was not charged, were on their way to the federal building to end their shift when they were caught in traffic. Charging documents note Morgan did not say the incident occurred during an enforcement action.

According to the charging documents, Morgan told a Minnesota State Patrol officer that he pulled up alongside the victim’s vehicle, drew his firearm and yelled “Police Stop.” The warrant says the victims couldn’t hear him because their windows were up.

Morgan is charged with two counts of assault because he threatened both people in the vehicle, and there is a warrant out for his arrest, Moriarty said.

The charges could intensify a clash between the Trump administration and Minnesota officials over the crackdown. Todd Blanche, the acting attorney general, has warned that the Justice Department could investigate and prosecute state or local officials who arrest federal agents for performing their official duties.

Moriarty said she is not concerned about blowback from the Trump administration and that her office’s goal is to “hold people accountable if they violate the laws of the state,” she said.

She said Morgan’s actions were beyond the scope of a federal officers’ authority.

“There is no such thing as absolute immunity for federal agents who violate the law in the state of Minnesota,” she said.

In Minnesota, felony second-degree assault is punishable by up to seven years in prison, or up to 10 years imprisonment if the assault inflicted “substantial bodily harm.”

The Department of Homeland Security deployed about 3,000 federal officers to the Minneapolis-St. Paul area from December through February in what the agency called its “largest immigration enforcement operation ever.” The Minnesota operation led to thousands of arrests, angry mass protests and the fatal shootings of two U.S. citizens.

Backlash over the aggressive tactics mounted, and two of the crackdown’s most high-profile leaders were soon gone. Trump fired Homeland Security Secretary Kristi Noem in March shortly after the Minnesota surge ended. That same month, Gregory Bovino, the Border Patrol sector chief who led immigration operations in several large cities, announced his retirement.

In a letter to California officials last year, then-Deputy Atty. Gen. Blanche wrote that “the Justice Department views any arrests of federal agents and officers in the performance of their official duties as both illegal and futile.”

“Numerous federal laws prohibit interfering with and impeding immigration or other law-enforcement operations,” Blanche wrote. “The Department of Justice will investigate and prosecute any state or local official who violates these federal statutes (or directs or conspires with others to violate them).”

Sullivan and Bynum write for the Associated Press. Bynum reported from Savannah, Ga. AP reporter Alanna Durkin Richer in Washington, contributed to this report.

WASHINGTON — Minnesota officials sued the Trump administration on Tuesday for access to evidence they say they need to independently investigate three shootings by federal officers, including the killings of Renee Good and Alex Pretti.

The lawsuit claims that the federal government reneged on its promise to cooperate with state investigations after the surge of federal law enforcement in Minneapolis, and are seeking a court order demanding that the Trump administration comply.

“We are prepared to fight for transparency and accountability that the federal government is desperate to avoid,” Hennepin County Atty. Mary Moriarty told reporters.

The lawsuit marks an escalation in the clash between Minnesota leaders and the Trump administration over the investigations into the high-profile shootings by federal officers that sparked public outcry and protests. The Trump administration has suggested that Minnesota officials don’t have jurisdiction to investigate, but state officials insist they need to conduct their own probes because they don’t trust the federal government to investigate itself.

“There has to be an investigation any time a federal agent or a state agent takes the life of a person in our community,” Moriarty said.

The administration sent thousands of officers to the Minneapolis and St. Paul area for the immigration crackdown as part of President Trump’s national deportation campaign. The Department of Homeland Security considered its largest immigration enforcement operation ever a success but was staunchly criticized by Minnesota’s leaders who raised questions over officers’ conduct.

There continues to be fallout from Operation Metro Surge in the form of a Homeland Security shutdown, as Democrats in Congress hold up funding in an effort to secure restraints on Trump’s immigration agenda.

Minnesota’s lawsuit said the federal government is not permitted to “withhold investigative evidence for the purpose of shielding law enforcement officers from scrutiny where a State is investigating serious potential violations of its criminal laws, targeting its citizens, within its borders.”

Moriarty said Tuesday that the federal government “has adopted a policy of categorically withholding evidence,” calling the practice unprecedented and alarming. She said the lawsuit followed formal demands for evidence after the federal government blocked Minnesota investigators from accessing evidence related to the shootings.

In addition to the Pretti and Good cases, the lawsuit demands access to evidence in the case of Julio Cesar Sosa-Celis, who was shot and wounded in his right thigh by a federal agent in January.

Federal officials initially accused Sosa-Celis and another man of beating an Immigration and Customs Enforcement officer with a broom handle and a snow shovel. But federal prosecutors later dropped all charges against the men and authorities opened a criminal investigation into whether two immigration officers lied under oath about the shooting.

Emails seeking comment were sent to DHS and the Justice Department.

The Justice Department in January said it was opening a federal civil rights investigation into Pretti’s killing but has said a similar federal probe was not warranted in the killing of Good. The decision in Good’s case marked a sharp departure from past administrations, which moved quickly to investigate shootings of civilians by law enforcement officials for potential civil rights offenses.

Deputy Atty. Gen. Todd Blanche has said that the department’s Civil Rights Division does not investigate every law enforcement shooting and that there have to be circumstances and facts that “warrant an investigation.”

Moriarty has said a lack of confidence in the federal government’s review of these incidents makes the state’s independent investigations into the shootings, as well as officers’ actions during the immigration enforcement operation altogether, especially important. The county office received over 1,000 tips from the public on the shootings of Good and Pretti via an online portal they opened to collect evidence. Earlier this month, Moriarty initiated a second portal and said her office was investigating a number of incidents of potentially unlawful action by officers over the course of the immigration enforcement operation.

Fingerhut and Richer write for the Associated Press. Fingerhut reported from Des Moines, Iowa.