Former federal prosecutor slams DOJ probe of Tim Walz and Jacob Frey as ‘total garbage’

WASHINGTON, DC: Former federal prosecutor Harry Litman sharply criticized the Department of Justice’s reported criminal investigation into Minnesota Governor Tim Walz and Minneapolis Mayor Jacob Frey, calling the effort ‘total garbage’ and arguing that their public remarks opposing federal immigration enforcement are legally protected speech.

The Department of Justice had opened a criminal probe into the two Democrats, and they are reportedly being investigated for potentially violating 18 USC § 372, which criminalizes attempts to obstruct federal officials through force, intimidation, or threats.

Former prosecutor cites First Amendment

Harry Litman appeared on Friday, Jan 16’s ‘All In’ on MS NOW, where he said charging the two Democrats under that law would fail.

Litman dismissed the premise of the investigation as legally unfounded, arguing that the statute at issue, 18 USC § 372, requires proof of force, intimidation, or threats to obstruct federal officials.

“This is a complete nonstarter of a prosecution,” Litman said. “The statute… requires force, intimidation, or threats. There’s no way they could prove that.”

Litman also added that Walz and Frey can criticize ICE all they want; that’s free speech, protected by the First Amendment, unless they’re actually urging people to break the law right now, which he called ‘imminent and lawless’ action.

Litman pointed out that if you compare it, Trump’s speech in Washington on January 6, 2021, looks much more like the kind of thing that could cross the line than anything Walz or Frey have said.

Still, the DOJ has subpoenaed both of them.

Harry Litman calls out a ‘total garbage’ lawsuit

Litman also suggested that while prosecutors might pursue subpoenas to review documents and correspondence, any effort to bring actual charges under the obstruction statute would likely fail.

“And it’s a grave thing to try to defy a subpoena, even in a total garbage lawsuit, as this [investigation] is,” Litman continued. “So, the question is, will they be able to forage in the files of Walz and Frey? That is probably their game.”

“It’s not as ridiculous as the rest of it. But I’m here to tell you the actual charge under § 372? A complete and utter nonstarter. Will never happen,” he concluded.

The Justice Department’s reported inquiry follows months of rising tension in Minnesota.

For weeks, federal officials sent thousands of ICE and Border Patrol agents into the state to make arrests and carry out enforcement.

Things really escalated after an ICE agent shot and killed Renee Nicole Good, a Minneapolis resident, on January 7.

That incident set off protests all over the city and drew sharp criticism from local leaders.