Trump Caught in the Act by Judge After Destroying Evidence in Pretti Murder

Summary

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Podcast Summary: Legal AF by MeidasTouch

Episode: Trump Caught in the Act by Judge After Destroying Evidence in Pretti Murder
Date: February 6, 2026
Hosts: Michael Popok, Ben Meiselas

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Episode Overview

This episode dives into a significant federal court ruling regarding the investigation into the shooting of Alex Pretti, focusing on evidence destruction and accountability. Michael Popok leads a detailed breakdown of Judge Tostrid's order, the implications for future civil suits, and the cascading legal failures of the federal agencies involved. The hosts analyze the larger issues of spoliation (intentional or negligent destruction of evidence), chain of custody breaches, and federal-state legal conflicts, all against the backdrop of political and judicial accountability.

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Key Discussion Points & Insights

1. Judge Tostrid’s Ruling: Implications of Destroyed Evidence

• Judge's Finding: The Trump-appointed federal judge, Judge Tostrid (Minnesota), concluded it is "highly likely" critical evidence from the Alex Pretti crime scene was destroyed and likely unrecoverable.
• Impact: While he declined to continue an injunction preventing further destruction, he explicitly invited Pretti's estate to leverage this spoliation of evidence in civil litigation against the federal government.
• Host Insight:
  • “He’s inviting effectively and knows there’s going to be an excessive force lawsuit brought by Preddy’s estate for what happened to him.” ([05:30] Michael Popok)

2. Breakdown of Crime Scene Handling and Evidence Loss

• Access Denied: The Minnesota Bureau of Criminal Apprehension (BCA) was denied access to the crime scene, evidence, agents, and witnesses immediately after the shooting.
• Lost Gun: Despite multiple affidavits from federal agencies (Homeland Security, Border Patrol, FBI), the location and handling of Pretti’s alleged firearm remain unknown.
• Host Frustration:
  • “For the life of me I sorted them all out. I laid them all next to each other. I don’t know where the gun is. From Mr. Preddy and the judge doesn't either.” ([06:40] Michael Popok)

3. Legal Consequences: Spoliation and Future Civil Action

• Civil Litigation: The judge explicitly notes that the loss of evidence—especially the gun—could severely undermine the government’s defense in the anticipated civil rights/excessive-force lawsuit.
• Spoliation Doctrine: Destroyed or mishandled evidence could lead to automatic findings of liability against the government (i.e., default judgments), shifting focus solely to damages.
• Judge’s Warning:
  • “Non preservation or spoliation would pose significant, perhaps dispositive consequences.” ([04:45] Michael Popok quoting order)

4. Concerns with Federal Processes and Transparency

• Chain of Custody Lapses: The judge points to failures by the federal agencies in properly securing and tracking evidence, most notably the disputed firearm.
• Superintendent’s Declaration: Superintendent Evans of the BCA asserts the gun was not preserved according to standard law enforcement procedures and raises alarm about other evidence.
• Federal Agents’ Silence: None of the federal affidavits could address the ongoing preservation status of the firearm, suggesting procedural failures.
• Host Reflection:
  • “From defendant silence, the judge says I infer they failed to safeguard the firearm in compliance with normal law enforcement processes.” ([08:00] Michael Popok)

5. Unanswered Questions and Continuing Investigations

• Agents' Firearms & Identities: Uncertainty remains over the Border Patrol agents’ weapons—whether one or multiple agents fired, and what guns were used in the shooting.
• Transparency Issues: The government has not released even the names of the agents involved, further fueling legal and public accountability debates.
• Host’s Summary:
  • “Was it one gun firing 10 bullets from an extended magazine? Or was it two weapons? Or was it more? We don’t know. We don’t even know the names of these people at this late date.” ([09:10] Michael Popok)

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Notable Quotes & Moments

• On Legal Strategy and Forthcoming Lawsuits:
  • “He’s (the judge) more interested in the invitation on the lawsuit about the fact the judge has declared that there was defoliation, there was destruction of the crime scene and we don’t know where the gun is.” ([08:32] Michael Popok)
• On the Tone of Judicial Critique:
  • “If they do so at their own risk... the judge concluding that the gun was not properly handled.” ([08:20] Michael Popok)
• On Civil Justice Prospects:
  • “There’s also justice to be had on the civil side and for damages. Never bringing Alex Pretty or Renee Good back for that matter. But justice nonetheless.” ([05:47] Michael Popok)

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Timestamps for Key Segments

• 02:12: Introduction to Judge Tostrid’s order and the destroyed evidence
• 03:20: Minnesota BCA’s blocked efforts to access crime scene evidence
• 04:45: Explanation of the legal significance of spoliation
• 06:40: Focus on confusion and mishandling of Pretti’s alleged gun
• 07:40: Judge and Superintendent Evans’ assessments of federal failures
• 08:32: Host summarizes the civil implications, lawsuits, and missing evidence
• 09:10: Questions regarding agents’ weapons, identities, and further investigation

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Closing Comments & Calls to Action

• Michael Popok urges listeners to stay engaged and follow ongoing coverage on Legal AF and Midas Touch.
• Ben Meiselas briefly promotes co-host Popok's new firm, focusing on civil rights and injury law ([10:20]).

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Summary Tone and Language

The episode is factual, hard-hitting, and laced with legal insight, frustration at federal opacity, and a sense of urgency about civil justice and systemic reform.

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Useful for new listeners:
This episode provides a clear narrative on the legal crisis stemming from the Alex Pretti shooting investigation, the systemic mishandling by federal agencies, spoliation doctrine, and the judicial response—crucial for anyone tracking law, politics, and civil rights intersections.

Transcript

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[Michael Popak]

A federal judge appointed by Donald Trump in Minnesota believes it's highly likely that evidence at the crime scene of the shooting of Alex Pretty was destroyed is no longer recoverable and that in the future, in a lawsuit brought by his estate, they'll be able to use that point to win their case. That is what's within a new order by Judge Tostrid coming out of Minnesota just the last few hours here on the Midas Touch Network. Now, on the face of it, the judge decided he's not going to continue an injunction, a temporary restraining order that he put in place last week to stop the administration from continuing to destroy evidence, preventing them from destroying evidence. He says whatever's done is done. And if that's already been done, that's something for Alex pretty lawyers which he basically invites to bring that lawsuit and make that argument. Particularly there's focus in the decision, the opinion and order on the gun. No, not the one that or the one or two that shot and killed summarily executed Alex Preddy with 10 bullets into his riddled body, but rather his gun. The gun that the defense claims, the government claims was the reason that he was assassinated. To this day, as I said a week ago, when I saw the government's filings by the Department of Homeland Security and the Border Patrol and the FBI agent, I have no idea where the gun is. You know what? The judge doesn't know where the gun is either. And he's questioning why the Minnesota Bureau of Criminal Apprehension hasn't brought a motion directed right about the gun. But he believes there's so much attention on this case that there's nothing more he can do by way of an injunction. I'll explain to you the difference between an injunction and and other types of remedies when a court sits in both law and in equity. Here on this hot take, I'm Michael Popak. Take a minute, hit the free subscribe button, but then come over to Legal AF YouTube channel and help us continue to grow there. Give us the resources we need to meet the moment. Let's talk about Judge Tostrett. He was not maga, but he was a Trump appointee in the first term sitting in Minnesota. We reported that last week on a temporary emergency injunction he ordered the federal government not to destroy evidence. This is a case brought, brought by the man the Minnesota Bureau of Criminal Apprehension, all they want to do is do their job. They just want to get access to the evidence. They wanted to. They wanted in real time moments after the shooting, get access to the crime scene that was blocked and denied by the feds. They wanted access to the witnesses. They wanted access to the gun. They wanted access to the shell casings. They wanted access and interview the agents who were involved in the shooting. They wanted access to their guns for forensic purposes. You Know like CSI Minneapolis. None of that happened. They ran to court to preserve evidence. The judge did that. The question now was was he going to continue to, to have that order out there. But, but more fundamentally, more importantly are the observations made by the judge about the crime scene and the future lawsuits, civil lawsuits which brought by Alex Preddy's family. Here's what he says on page 13. It appears likely that evidence was lost or spoliated. That's a fancy word we use for evidence that's destroyed intentionally or unintentionally at the scene of Mr. Preddy's shooting. What he says about that is particularly. That's an issue he says on page 15. He said his considerations about continuing the temporary restraining order are dampened because of the continuing about the continuing existence and integrity of that evidence. He said Mr. Preddy shooting alone almost certainly triggered defendants duty to preserve evidence that may be relevant to any excessive forced civil suit or proceeding brought on his or his survivors behalf. And in that proceeding non preservation or spoliation would pose significant, perhaps dispositive consequences. Let me translate that. He's inviting effectively and knows there's going to be an excessive force lawsuit, excessive force lawsuit brought by Preddy's estate for what happened to him. Proving that it's a 19A section 1983 civil rights violation and the rest we keep talking about the criminal prosecution against the federal agents. There's also justice to be had on the civil side and for damages. Never bringing Alex Pretty or Renee Good back for that matter. But justice nonetheless. An aspect of justice nonetheless. The judge is anticipating there will be such a civil suit and that in that suit the fact that the feds did not properly secure the crime scene, didn't properly preserve the chain of custody, didn't properly bag evidence and collect it, didn't properly preserve any evidence, seemed to have lost the gun. Which I'll talk about in a moment are all things that the plaintiffs can bring as a motion on spoliation to for instance strike any liability defenses of the feds or find against them on liability based on the destruction of the evidence and therefore the estate plaintiff's lawyers will be going right to the amount of damages. That's a possibility. He's also concerned, as am I about the gun. Now there were three separate affidavits that were filed by government, federal government agents. One for Homeland Security, one for Border Patrol, one for the FBI. For the life of me I sorted them all out. I laid them all next to each other. I don't know where the gun is. From Mr. Preddy and the judge doesn't either. And what the judge says about that is on page 13. Plaintiffs also identified concerns Remember the plaintiffs are the Minnesota Bureau of Criminal Apprehension like the FBI for Minnesota who are just trying to get access to the crime scene. Plaintiffs also identified concerns regarding defendants post incident handling of the firearm allegedly taken from Mr. Preddy. And while I share plaintiffs concerns, they remain undeveloped and nonspecific. Superintendent Evans, who's for the Minnesota side stateside, explained it does not appear that the gun was protected according to normal law enforcement processes and I'm concerned about other evidence not being protected. In his declaration, he also saw he saw images circulating on social media about the alleged gun taken from Mr. Preddy. Neither he nor any other witnesses from the feds address the firearms ongoing preservation. Where is it? That's what I said. Or disagreed with Superintendent Evans testimony they couldn't even get where is the gun? Right among the three who are supposed to be in charge of the chain of custody from defendant silence. The judge says I infer they failed to safeguard the firearm in compliance with normal law enforcement processes. I mean there you have it. Yes, the headline is going to be some somebody in Department of Justice bragging about the fact that judge is not continuing to to order them not to destroy evidence but if they do so at their own risk. I'm more in, I'm more interested in the invitation on the lawsuit about the fact the judge has declared that there was defoliation, there was destruction of the crime scene and we don't know where the gun is. And the judge concluding that the gun was not properly handled. What about their gun? That begs the question, what about the guns of the five border patrol that jumped on him like a pack of wolves? Where's their guns? Was it one gun firing 10 bullets from an extended magazine? Or was it two weapons? Or was it more? We don't know. We don't even know the names of these people at this late date. So we're going to continue to follow it all right here on the Midas Touch Network and on Legal af. Take a moment, hit the free subscribe button. Help us continue to grow Legal AF substack. I'm running a 35% sale on annual membership on Legal AF substack. Come over, Become a paid or regular subscriber on Legal AF YouTube. Until my next report, I'm Michael Popak.

[Ben Meiselas]

Hey everybody, Ben Meiselas here from the Midas Touch Network. I wanted to let you know about my podcast partner Michael Popo's new law firm. It's called the Popak Firm. Michael Popo's pursuing his dream of starting his own law firm. Really based on the popular demand by all the midas mighty and legal a effers who are approaching Michael Popak with their cases and saying can you help us? And at that time Popak was not able to. So he went out on his own. He started the Popoc firm where he is now handling catastrophic injury cases like car accident cases, trucking cases, malpractice cases, big negligence cases, wrongful death cases. So if you or someone you know have a case like this, the consultation with Popox firm is free. Give him a call. See if you have a case. It's thepopoc firm.com thepopoc firm.com or you can call 877-popock-af. Pop okaf so 1-877-pop- Okaf give Michael Popak a call and I'm really proud of you, Popak. Thanks for all the hard work you're putting in.

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