Judge says Trump DOJ subpoenas of Tim Walz and other Democrats are unconstitutional

By Hannah Rabinowitz, CNN

(CNN) — A federal judge on Monday blocked the Justice Department from forcing Minnesota Gov. Tim Walz and other officials to turn over records in its probe of Democratic resistance to the Trump administration’s immigration crackdown, calling the move a retaliatory effort to “harass political opponents.”

In a 30-page ruling, district Judge Patrick Schiltz found that subpoenas were “part of an unconstitutional effort to coerce Minnesota officials into assisting the federal government with enforcing civil immigration laws and to harass and retaliate against them for failing to do so.”

The order is yet another rebuke of the Justice Department by a federal judge over the agency’s efforts to investigate or prosecute President Donald Trump’s personal and political enemies.

“The Department is not conducting a criminal investigation, but is instead using the grand jury process for other (unlawful) purposes,” wrote Schiltz, an appointee of former President George W. Bush.

His ruling voids subpoenas sent to the offices of Walz, Attorney General Keith Ellison, Minneapolis Mayor Jacob Frey, St. Paul Mayor Kaohly Her, and officials in Ramsey and Hennepin counties. The subpoenas had sought records and information on whether Democratic officials obstructed immigration enforcement through their public resistance to the administration’s deployment of thousands of agents to detain migrants accused of living in the US illegally.

Over the winter, the Trump administration conducted a monthslong federal immigration surge in the Twin Cities, which set off mass protests and led to the fatal shootings of two US citizens. More than 4,000 undocumented immigrants were arrested in Minnesota, according to the Department of Homeland Security.

State and local officials publicly decried the effort, and Trump in turn accused those officials of fueling violent protests.

Schiltz said there is “overwhelming” evidence that the subpoenas were issued only to pressure the state officials, noting that senior Justice Department officials have repeatedly threatened to punish states that have so-called sanctuary policies. And, he said, the department “has struggled-without success-to identify a single plausible investigatory justification for the subpoenas.”

Schiltz also noted the Constitution expressly allows Minnesota to decide not to devote its resources to enforcing federal immigration law.

The Justice Department said in a Monday statement it will continue to review what it calls “obstruction” of federal investigations.

“The Department takes the unlawful obstruction of federal law enforcement operations extremely seriously and will continue to act in full compliance with the law to investigate these matters,” the DOJ said.

Walz hailed the ruling in a statement posted on X, saying the investigation into him “was politically motivated, unconstitutional and meritless.”

“The U.S. Justice Department is pursuing criminal investigations into the President’s political opponents,” Walz said. “This case was just one example of that, but we are seeing daily reminders of this administration’s lawlessness — in Minnesota and around the country. We all must continue to seek justice and uphold the rule of law.

Frey also lauded the ruling, saying that “subpoenaing political opponents because they spoke on behalf of their constituents violates the core tenets of our democracy and human decency.”

This story has been updated with additional details.

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