Exodus of Prosecutors in Minnesota Leads to Dropped Charges and Concerns Over Public Safety
Minneapolis, MN – A wave of resignations and retirements among career prosecutors in Minnesota’s U.S. Attorney’s Office, stemming from objections to Trump administration directives, has resulted in dropped charges and raised concerns about public safety. The departures have left the office significantly understaffed, leading to a backlog of cases and demanding decisions about which cases to pursue.
Impact on Cases and Defendants
The staffing shortages have allowed some defendants, with extensive criminal histories, to avoid accountability. One notable case involves Cory Allen McKay, a 12-time convicted felon with a three-decade record of violent crimes. McKay was facing methamphetamine trafficking charges that carried a potential 25-year prison sentence. However, after the prosecutor assigned to his case retired, the charges were dropped and McKay was released.
According to court records, the office has been forced to bring in prosecutors from out of state, postpone hearings, and dismiss cases to manage the workload. Defense attorneys are also capitalizing on the situation by demanding speedy trials and filing motions that require responses from the already strained prosecution team.
Concerns from Law Enforcement and Former Prosecutors
Clay County Sheriff Mark Empting expressed concern about McKay’s release, stating he would pose “a major public safety concern” if he returned to Moorhead. John Marti, a Minneapolis attorney and former fraud prosecutor, warned that the reduced capacity of the office would hinder its ability to prosecute serious criminals, including “dangerous scammers, sexual predators, violent gangs and drug traffickers.”
Eight former U.S. Attorneys in Minnesota released a letter stating that career prosecutors objected to directives requiring them to prioritize immigration cases and to repeated violations of court orders by Immigration and Customs Enforcement (ICE).
The Exodus and its Roots
The departures began last year as prosecutors anticipated changes under the Trump administration. The situation escalated after Trump appointees intervened in a joint state and federal investigation into the shooting death of Renee Good by an ICE agent, Jonathan Ross. Trump officials labeled Good a “domestic terrorist” and defended Ross’s actions, while some prosecutors believed the death may have been a homicide.
The number of assistant U.S. Attorneys in Minnesota has fallen from over 40 to fewer than two dozen in the past year, according to a former federal prosecutor who requested anonymity. Key departures include former acting leader Joe Thompson and criminal division chief Harry Jacobs, both of whom were involved in uncovering the $300 million Feeding Our Future scheme.
Other Dismissed Cases
Beyond the McKay case, the office also dropped charges against a man arrested with 7,600 fentanyl pills and nearly 15 pounds of cocaine, and another charged with conspiracy to distribute methamphetamine after police found three pounds of the drug in his vehicle.
Lack of Comment from Justice Department
The Justice Department and the U.S. Attorney’s Office have not responded to requests for comment on the situation. Melinda Williams, the office’s former spokeswoman, was among those who resigned.