Legal experts and former federal prosecutors have launched a scathing critique of the Justice Department's criminal investigation into Minnesota's Democratic Governor Tim Walz and Minneapolis Mayor Jacob Frey, labelling the probe "total garbage" and a dangerous overreach.
Prosecutors Say DOJ Has 'Lost Its Mind'
The investigation, launched on Sunday 18 January 2026, alleges that the two leaders obstructed federal law enforcement through their public statements criticising a recent major immigration operation in the state. Former federal prosecutor Harry Litman told MS NOW that the case was a "complete non-starter," referencing Donald Trump's persistent political attacks on Walz.
"All the way through, it's been just complete tirades against Walz in particular, 'buffoon, dumb, it's all his fault,'" Litman said. He added that while defying a subpoena in such a case was serious, the underlying lawsuit was baseless. The central claim, that public statements constituted obstruction, has been widely dismissed by legal scholars as a violation of First Amendment protections for political speech.
Echoing this sentiment, former prosecutor Elie Honig told CNN, "DOJ has lost its damn mind." He argued that causing protests or public outcry through inflammatory speech does not equate to obstruction of justice. "If they bring an indictment for obstruction, I promise you, they will lose," Honig stated.
Context of Clashes and a Fatal Shooting
The DOJ probe follows a significant law enforcement surge in Minnesota, described by the Department of Homeland Security as its largest immigration enforcement operation to date. The operation resulted in more than 2,500 arrests, but was marred by accusations that officers violently targeted immigrants and citizens, leading to violent clashes with protesters.
Tensions were further inflamed by the death of 37-year-old Renee Good, who was killed after ICE agent Jonathan Ross fired three shots through her car's windshield. In this volatile climate, President Trump threatened to invoke the Insurrection Act and deploy active-duty military against civilians, though he later appeared to retreat from these remarks.
Both Walz and Frey have been vocal in their opposition to the federal operation, which the administration claims impeded officers. Their allies see the DOJ investigation as direct retaliation for this criticism.
Political Backlash and Warnings of Authoritarianism
The move has triggered fierce condemnation from Democratic leaders and organisations across the United States. The Democratic Mayors Association accused Trump of "making our communities less safe" and using "lies, intimidation, distractions and coverups" to attack constitutional rights.
Minnesota Senator Amy Klobuchar called the subpoenas "an assault on our democracy and the rule of law," while Massachusetts Senator Elizabeth Warren accused Trump of "weaponizing the Justice Department to investigate and intimidate Democratic leaders."
In their own statements, Walz and Frey stood firm. Governor Walz condemned what he called "a dangerous, authoritarian tactic" of using the justice system against political opponents. Mayor Frey framed the investigation as "an obvious attempt to intimidate me" for opposing the administration's actions. "I will not be intimidated," he affirmed.
This case places Walz and Frey in a growing line of Trump critics facing legal scrutiny, a pattern critics label a campaign of "retribution." The administration has also threatened Federal Reserve Chair Jerome Powell with investigation after he refused to slash interest rates as Trump desired, a move Powell called "unprecedented" and part of a pattern of pressure.
