Federal judge weighs jurisdiction for ICE agent assault case in Minnesota
A federal judge in Minneapolis spent more than three hours Friday weighing whether ICE agent Gregory Morgan Jr. should be tried in state or federal court for pointing his service weapon at motorists during a Feb. 5 highway encounter.
State prosecutors say Morgan was illegally driving an unmarked SUV on the shoulder during rush hour, during Operation Metro Surge, when a car began swerving to block him; he then drew his gun on the occupants, who prosecutors say had no idea he was a federal agent. Morgan's partner testified the SUV came within five feet of their bumper and that Morgan shouted 'Police, back off!' before being ordered back to base.
Minnesota's attorneys pressed the point that ICE agents lack authority to enforce traffic laws on state highways and that the agents' own orders only told them to return 'quickly and safely,' not to speed or drive on the shoulder. The two civilian occupants, scheduled to testify, were dismissed after invoking their Fifth Amendment rights, and the judge ordered them identified only by initials over defense objections.
The case is being watched as a test of how courts handle state prosecutions of federal agents, with Minnesota separately pursuing assault charges against another ICE agent over a January shooting.
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