Trump administration formally denies Minnesota access to Alex Pretti evidence

The Trump administration has formally denied Minnesota law enforcement access to information and evidence from the FBI investigation into the shooting death of Alex Pretti by federal agents on Jan. 24 in Minneapolis.

The announcement comes in the wake of White House border czar Tom Homan announcing the end of Operation Metro Surge and a drawdown of federal agents in Minnesota. Homan’s arrival came in the wake of global outrage over the killing of Pretti, and Homan vowed a renewed focus on cooperation between state and federal officials.

Minnesota Bureau of Criminal Apprehension Superintendent Drew Evans said in a news release Monday, Feb. 16, that the FBI notified him last week that it will not share evidence from its investigation with the state. Evans said the BCA has continued to request access to federal investigative materials not only from the killing of Pretti but also from the killing of Renee Good by ICE agent Jonathan Ross on Jan. 7 in south Minneapolis and the shooting of Julio Sosa-Celis by a federal agent in north Minneapolis on Jan. 14.

“While this lack of cooperation is concerning and unprecedented, the BCA is committed to thorough, independent and transparent investigations of these incidents,” Evans said, “even if hampered by a lack of access to key information and evidence.”

The BCA, Hennepin County Attorney’s Office and Minnesota Attorney General’s Office have been working together to conduct an independent state investigation into the killings of Good and Pretti.

Hennepin County Attorney Mary Moriarty said in a statement Monday that the federal government’s refusal to cooperate shows it is “not confident in their agents’ actions or their immediate response.” She praised the BCA for its efforts to conduct a joint investigation but said that even without federal cooperation, the “work continues” on a state investigation.

Gov. Tim Walz posted on social media that, “Minnesota needs impartial investigations into the shootings of American citizens on our streets. Trump’s left hand cannot investigate his right hand. The families of the deceased deserve better.”

Last week, Walz said the state and federal governments were “very close” to an agreement to share investigative materials.

“We’re only asking for what’s always been done,” Walz said. “We’re only asking for the right thing. … Justice needs to be served.”

Two weeks ago, people familiar with the ongoing effort to repair relationships between the federal and state governments told the Minnesota Star Tribune the announcement of a joint investigation between the FBI and BCA into the killing of Pretti was imminent.

That announcement never came.

Walz said the Trump administration pulled back from the joint investigation after details of the agreement were reported by the Star Tribune before it was formally announced.

Walz said there’s a “contingent” within the FBI and federal government that understands the best way to investigate the fatal shootings is jointly with the state. The framework for a joint investigation is in place, he said.

“It’s just a matter of them feeling like they have an upper hand to announce it.”

After Pretti was killed by a Border Patrol agent and a Customs and Border Protection officer, BCA investigators were denied access to the crime scene on Nicollet Avenue by federal agents, despite having a judicial warrant granting them access. That led several state political and law enforcement leaders to argue that Minnesota had entered an unprecedented situation where the federal government was refusing to adhere to state laws.

The BCA and other law enforcement offices in Minnesota have longstanding ties to the FBI and a history of working together on criminal investigations of all sorts. The rupture in the relationship first became apparent after the killing of Good, when Trump administration officials, including Vice President J.D. Vance, quickly branded Good a domestic terrorist, and Deputy Attorney General Todd Blanche said the federal government was not investigating Ross.

“The Department of Justice, our civil rights unit, we don’t just go out and investigate every time an officer is forced to defend himself against somebody putting his life in danger,” Blanche said. “We never do.”

At a U.S. Senate Homeland Security and Governmental Affairs Committee hearing in Washington, D.C., last week, the head of U.S. Immigration and Customs Enforcement said Good and Pretti were not domestic terrorists.

“To my knowledge, no,” acting ICE Director Todd Lyons said.

Democratic Sen. Maggie Hassan grilled Lyons at the hearing on whether Homeland Security Secretary Kristi Noem and White House senior adviser Stephen Miller may have biased the investigation into Good and Pretti’s fatal shootings by calling them “domestic terrorists.”

“I don’t want to comment on what comments they made; it’s their comments,” Lyons responded. “But again, I don’t want to put my finger on the scales of the investigation.”

GOP Sen. Rand Paul of Kentucky criticized federal officers for failing to de-escalate the situation, including shoving a woman before spraying Pretti with a chemical irritant. Pretti, he said, “is retreating at every moment.”

“He’s trying to get away, and he’s being sprayed in the face,” Paul said.

He said ICE and the Border Patrol “must admit their mistakes, be honest and forthright with their rules of engagement and pledge to reform” because many Americans aren’t trusting the feds will conduct fair investigations.

Minnesota Rep. Tom Emmer, the No. 3 Republican in the House, said the chaos in Minneapolis during Operation Metro Surge “was all a direct result of radical sanctuary state and city policies in Minnesota by preventing local law enforcement from working together with federal law enforcement.”

Evans said Monday that the BCA remains open to that cooperative process, despite the federal government denying them critical access to crime scenes, crime scene evidence and investigative materials throughout Operation Metro Surge.

“Our agency has committed to the FBI and Department of Justice that should its stance change we remain willing to share information that we have obtained with that agency and would welcome a joint investigation,” Evans said. “We will continue to pursue all legal avenues to gain access to relevant information and evidence.”