Judge cites Tenth Amendment in striking DOJ subpoenas aimed at Walz, other Minnesota officials News
Office of Governor Walz & Lt. Governor Flanagan, Public domain, via Wikimedia Commons
Judge cites Tenth Amendment in striking DOJ subpoenas aimed at Walz, other Minnesota officials

A US federal judge has quashed Department of Justice (DOJ) grand jury subpoenas targeting Minnesota Governor Tim Walz, Attorney General Keith Ellison, and other state and local officials. The court found that the DOJ used the subpoenas as part of an unconstitutional effort to pressure them into assisting federal immigration enforcement.

In an order dated June 17 but unsealed this week, Judge Patrick Schiltz of the US District Court for the District of Minnesota blocked subpoenas that would have required Walz and several state, city, and county offices to turn over records to a federal grand jury. The subpoenas sought documents related to federal immigration enforcement in Minnesota dating back to January 1, 2025.

Schiltz found that the DOJ issued the subpoenas to pressure Minnesota officials into helping the federal government enforce civil immigration law, and to harass and retaliate against them for refusing. He concluded that the subpoenas were issued for an unconstitutional purpose—to coerce and retaliate against officials in violation of the Tenth Amendment’s “anti-commandeering” principle, which bars the federal government from forcing state officials to enforce federal regulatory programs or punishing them when they decline.

The DOJ issued the subpoenas in January during Operation Metro Surge, a sweeping federal immigration enforcement operation in Minnesota.. The operation drew protests and escalated after federal officers fatally shot Renee Good and Alex Pretti. Federal prosecutors were investigating whether Minnesota officials obstructed or impeded federal law enforcement through their public opposition to the operation.

Schiltz rejected the DOJ’s justification for the subpoenas, finding only an “extremely weak to nonexistent” connection between the requested records and any possible criminal violation. He concluded that the DOJ did not issue the subpoenas to investigate, but to “harass, coerce, and retaliate.”

The DOJ has not said whether it will appeal the ruling. A department spokesperson defended the investigation and said the department would continue acting within the law.

Walz praised the ruling in a statement posted on X, calling it “a victory for the rule of law and our democracy.” He said the DOJ’s investigation was “politically motivated, unconstitutional, and meritless,” and added that he would “never stop exercising” his constitutional rights to stand up for Minnesotans.