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"BLATANTLY UNLAWFUL": FEDERAL JUDGE QUASHES TRUMP DOJ'S GRAND JURY SUBPOENAS AGAINST MINNESOTA OFFICIALS IN SCATHING 29-PAGE RULING

2026-06-23
A Rare and Devastating Rebuke From a Bush-Appointed Judge

In a ruling unsealed on Monday, June 22, 2026, a federal judge has dealt one of the most decisive judicial setbacks of the Trump administration's second term — quashing six grand jury subpoenas that the Justice Department had issued against some of Minnesota's most prominent elected officials, and doing so in language that pulls no punches about what the court found those subpoenas were actually for.

Chief Judge Patrick J. Schiltz of the U.S. District Court for the District of Minnesota — a jurist nominated to the federal bench by President George W. Bush, not a Democratic appointee — wrote in a 29-page opinion that "the dominant purpose of the challenged subpoenas is to coerce Minnesota officials into assisting the federal government with enforcing civil immigration law and to harass and retaliate against them for failing to do so." He called the Justice Department's conduct a "blatantly unlawful and unethical use of the grand jury process." He found that the department "has struggled — without success — to identify a single plausible investigatory justification for the subpoenas." And he dismissed the justification the DOJ offered for the subpoenas as, in a single devastating word, "risible."

The ruling is extraordinary not merely for its conclusions, but for who is delivering them — a Republican-appointed chief judge, operating in the mainstream of the federal judiciary, publicly and specifically finding that a sitting administration used the criminal justice system not to investigate genuine crimes, but to punish elected officials for disagreeing with and legally opposing its policies.

The Officials Who Were Subpoenaed — and Why

The six subpoenas quashed by Judge Schiltz were served on January 20, 2026, on the following offices: the office of Governor Tim Walz, the office of Minnesota Attorney General Keith Ellison, the office of Minneapolis Mayor Jacob Frey, the office of St. Paul Mayor Kaohly Her, and the Boards of Commissioners of Hennepin County and Ramsey County — the county governments covering Minneapolis and St. Paul respectively.

All of the individuals whose offices were targeted are prominent Democrats who had been publicly and legally critical of the Trump administration's immigration enforcement operations in Minnesota. The subpoenas sought records related to those officials' policies on immigration enforcement — specifically, communications and guidance issued to local and state employees regarding interactions with federal immigration authorities.

The Justice Department's stated justification for the subpoenas was that it was conducting a criminal investigation into possible violations of federal laws making it illegal to conceal an immigrant lacking permanent legal status or to obstruct the government's immigration enforcement efforts. In other words, the DOJ claimed it was investigating whether these officials had potentially committed federal crimes by implementing non-cooperation policies toward ICE and federal immigration agents.

Judge Schiltz found this justification not merely insufficient — he found it affirmatively dishonest. His ruling states clearly that "nothing in this order or in the materials submitted to the Court could possibly compromise a criminal investigation; as the Court has explained at length, the Department is not conducting a criminal investigation." He went on to write that the subpoenas were "directed to investigating activity that is not only legal, but constitutionally protected from interference by the very federal government that issued the subpoenas."

Operation Metro Surge: The Immigration Crackdown at the Center of the Dispute

To understand why these subpoenas were issued, it is necessary to understand Operation Metro Surge — the large-scale federal immigration enforcement operation that set the entire chain of events in motion.

Operation Metro Surge was a Trump administration immigration enforcement campaign targeting the Minneapolis-St. Paul metropolitan area, carried out primarily in January 2026. The operation involved federal immigration agents conducting arrests across the region, and it prompted intense and sustained opposition from Minnesota's state and local officials, who challenged both the legal basis and the human impact of the operation publicly and through the courts.

The situation was further inflamed by two deaths that occurred against the backdrop of the operation. On January 7, 2026, Renee Good, a Minneapolis resident, was fatally shot by an ICE officer — a death that prompted protests across Minneapolis and drew national attention, with Walz, Frey, and other officials directly criticising the administration's enforcement approach in their public responses to it. A second death, identified as "Pretti" in The Hill's reporting, occurred on January 24, deepening the political and community tensions surrounding the operation.

On January 12, 2026 — one week after Good's death — Attorney General Ellison filed a lawsuit directly challenging Operation Metro Surge. The following day, January 13, President Trump posted on social media promising Minnesotans that "THE DAY OF RECKONING & RETRIBUTION IS COMING" — a post that Ellison's office cited directly in its press release accompanying Monday's ruling, as evidence of the retaliatory intent behind what followed.

Three days after that, on January 16, multiple news outlets reported that the DOJ had opened a criminal investigation into multiple Minnesota elected officials for obstructing federal immigration enforcement measures, and that grand jury subpoenas had been issued — despite federal rules specifically prohibiting prosecutors from disclosing matters before a grand jury. Then on January 20, the six subpoenas were formally served.

The timeline, in Ellison's own summary, goes: officials sue to challenge Operation Metro Surge on January 12; Trump threatens retaliation on January 13; DOJ opens investigation on January 16; subpoenas are served on January 20. Eight days from legal challenge to subpoena.

What the Judge Actually Found: Three Separate Constitutional Violations

Judge Schiltz's 29-page opinion finds multiple distinct legal grounds on which the subpoenas fail, each serious in its own right, and together forming an airtight basis for quashing them.

The first and most fundamental finding is the one framed by the court's "dominant purpose" analysis. Under established federal law, grand jury subpoenas can only be used for legitimate investigatory purposes — they cannot be deployed as tools of coercion, harassment, or retaliation. Schiltz found, based on the evidence presented, that the overwhelmingly dominant purpose of these subpoenas was exactly those prohibited things. His opinion is explicit: "On the one hand, the evidence that the challenged subpoenas were issued for unlawful reasons is overwhelming. On the other hand, the Department has struggled — without success — to identify a single plausible investigatory justification for the subpoenas."

The second constitutional ground involves the Tenth Amendment — the provision of the U.S. Constitution that reserves powers not delegated to the federal government to the states or to the people. The Tenth Amendment is the constitutional basis for what courts have called the "anti-commandeering doctrine" — the principle, established in Supreme Court precedents including Printz v. United States (1997), that the federal government cannot compel state or local officials to administer or enforce federal law. Schiltz found that the subpoenas violated this doctrine directly, because their purpose was precisely to force Minnesota's state and local officials to assist with federal immigration enforcement — something the federal government is constitutionally barred from commanding them to do.

The third ground is perhaps the most pointed. Schiltz wrote that the activity the subpoenas were directed at investigating was "not only legal, but constitutionally protected from interference by the very federal government that issued the subpoenas." This finding goes beyond simply saying the subpoenas were procedurally improper — it says the government was attempting to use federal criminal law to investigate and potentially punish conduct that the Constitution explicitly protects from federal interference. The implication is that the DOJ was not merely abusing its investigative tools but was attempting to use them against constitutional rights.

A final dimension worth highlighting: Schiltz noted that "none of the conduct the DOJ claimed justified its investigation into Attorney General Ellison even involved Attorney General Ellison" — a particularly damning observation suggesting that the connection between the specific target of a subpoena and the alleged conduct the DOJ claimed to be investigating was, in at least Ellison's case, entirely absent.

A Broader Pattern the Judge Explicitly Named

In a passage that has been widely quoted in coverage of the ruling, Schiltz situates this specific case within what he describes as the Trump administration's documented broader pattern: "And, of course, this campaign played out against the backdrop of the Trump administration's well-established history of using criminal investigations to retaliate against and pressure the President's political and personal adversaries."

This is an unusually explicit sentence for a sitting federal judge to write about a sitting president's administration — it names a pattern rather than treating the instant case as an isolated aberration, and it does so in a way that clearly signals the court's awareness that what happened in Minnesota is not, in the judge's view, an anomaly. The invocation of "the Trump administration's well-established history" is a statement of factual finding, not a characterisation offered in passing — it is embedded in the legal analysis of the case before the court, used to contextualise the evidence of retaliatory intent.

The significance of that sentence being written by a George W. Bush appointee, rather than a Democratic-nominated judge, cannot be overstated in the current political context. Rulings critical of the Trump administration from Democratic appointees are often dismissed by the administration and its supporters as partisan judicial activism. Schiltz's biography makes that dismissal considerably harder to sustain — he is a mainstream Republican-appointed federal judge, not an ideological opponent of the administration, delivering a finding of "blatantly unlawful" conduct.

Former federal prosecutor and legal analyst Barbara McQuade, commenting on the ruling on social media shortly after it was unsealed, framed the core issue in plain terms: "This appears to have been an effort to coerce production of voting records and compliance with Trump's immigration agenda. Law is not a political cudgel."

The Officials Respond

The elected officials whose offices had been subpoenaed responded to Monday's ruling with statements that ranged from relief to pointed political indictment of the administration's conduct.

Governor Tim Walz, the 2024 Democratic vice-presidential nominee, stated: "Today's ruling is a victory for the rule of law and our democracy. A federal district judge found that the US Department of Justice's investigation into me and other Minnesota elected officials was politically motivated, unconstitutional, and meritless." He added: "The U.S. Justice Department is pursuing criminal investigations into the President's political opponents. 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." Walz disclosed separately that he had dropped his reelection bid amid the federal probe.

Minneapolis Mayor Jacob Frey offered some of the most pointed language of any of the officials: "No one should be targeted for questioning those in power. No community should be expected to accept harmful policies without objection. And no administration should use the tools of law enforcement to silence dissent." He added: "The investigation was never about justice, law, and order, but the absence of it. Subpoenaing political opponents because they spoke on behalf of their constituents violates the core tenets of our democracy and human decency." On the underlying principle: "Criticism of government action is not a crime. One of the defining strengths of our democracy is the ability to challenge those in power without fear of retribution."

Attorney General Keith Ellison, whose office issued a formal press release with the title "Court quashes DOJ's retaliatory subpoena of AG Ellison's Office related to Operation Metro Surge," stated: "The facts are clear: the Trump administration is targeting me because I'm standing up for the people of Minnesota. In America, we settle our political differences at the ballot box, and it should disturb every American that Donald Trump is weaponizing the criminal justice system against people he disagrees with. No matter how much Donald Trump threatens, targets, and attacks me, I will never stop working to protect Minnesotans from Trump's abuses of power."

The DOJ's Response — Or Lack of One

The Justice Department did not immediately respond to multiple media requests for comment on the ruling. By the time of updated coverage published by Yahoo News at 3:15pm ET on Monday, some outlets noted they had received comment from the DOJ, though the substance of that comment was not fully detailed in the reporting available at the time of writing. Officials from Homeland Security similarly had not immediately responded to requests for comment.

The absence of an immediate public response from the department whose conduct has just been characterised as "blatantly unlawful and unethical" by a federal chief judge in a 29-page written opinion is itself notable — it suggests either that the department has not yet formulated a response strategy, or that it has made a deliberate choice not to publicly defend conduct that has now been comprehensively documented and condemned in the public record of a federal court.

The Broader Legal Significance

This ruling sits within a larger body of federal court decisions in 2025 and 2026 that have constrained various aspects of the Trump administration's exercise of executive power, particularly in the areas of immigration enforcement and what critics characterise as the weaponisation of federal law enforcement against political opponents.

What makes this ruling constitutionally distinct from many of those other decisions is its explicit engagement with the Tenth Amendment's anti-commandeering doctrine in the immigration context. Federal courts have long held, consistently, that the federal government cannot compel states or localities to enforce federal immigration law — and the Trump administration has repeatedly, across multiple cities and states, tested the boundaries of that principle. Schiltz's ruling quashing these subpoenas on anti-commandeering grounds essentially holds that the prohibition is not merely prospective — the federal government cannot use the criminal justice system as a retrospective punishment mechanism against officials who exercised their right to decline immigration cooperation.

The significance of the ruling extends to the question of what constitutes a legitimate use of the federal grand jury process more broadly. Grand jury subpoenas are supposed to be investigative tools — they exist to gather evidence for genuine criminal investigations. Using them as instruments of coercion, retaliation, or harassment against political opponents is a recognised form of misconduct, and courts have the authority to quash subpoenas issued for such purposes. What Schiltz has done in this ruling is apply that established principle directly and unambiguously to the conduct of the Trump administration's Justice Department — finding not that the subpoenas were procedurally flawed in some technical way, but that they were fundamentally illegitimate in their purpose and therefore had no lawful basis to stand.

Former prosecutor and legal commentator Barb McQuade captured the ruling's core constitutional implication precisely: "Law is not a political cudgel." Monday's ruling is, in essence, a federal court's formal, 29-page explanation of why that principle matters — and why, in this case, it was violated.

Sources
  1. The New York Times (via GV Wire) — "Judge Finds Justice Dept. Overreach in Subpoenas to Minnesota Officials" (June 22, 2026) — gvwire.com / nytimes.com
  2. CBS News Minnesota — "Judge rules DOJ used grand jury subpoenas to coerce Minnesota officials on ICE enforcement during Metro Surge" (June 22, 2026) — cbsnews.com/minnesota
  3. Newsweek — "Trump DOJ Subpoenas Against Walz, Minnesota Democrats Blocked by GOP-Appointed Judge" (June 22, 2026) — newsweek.com
  4. The Hill — "Federal judge quashes Trump DOJ subpoenas aimed at Minnesota's Tim Walz, Jacob Frey" (June 22, 2026) — thehill.com
  5. Yahoo News — "GOP judge blocks Trump DOJ's 'unlawful' subpoenas of Minnesota leaders" (June 22, 2026) — yahoo.com
  6. Al Jazeera — "US judge blocks Trump administration subpoena against Minnesota officials" (June 22, 2026) — aljazeera.com
  7. Office of Minnesota Attorney General Keith Ellison — Official Press Release: "Court quashes DOJ's retaliatory subpoena of AG Ellison's Office related to Operation Metro Surge" (June 22, 2026) — ag.state.mn.us
  8. Barbara McQuade (@BarbMcQuade) — Statement on X (June 22, 2026) — x.com
  9. U.S. District Court for the District of Minnesota — Opinion of Chief Judge Patrick J. Schiltz, unsealed June 22, 2026 (cited across all above sources)

This article is a breaking news report. The Justice Department had not issued a comprehensive public response to the ruling at the time of publication.