Main Justice — “Minnesota”

Hosts: Andrew Weissmann & Mary McCord
Date: January 28, 2026

Episode Overview

This episode of Main Justice provides a comprehensive and urgent breakdown of the federal government's actions in Minnesota, centering on the fatal shooting of Mr. Preddy by federal agents in Minneapolis and the subsequent struggle between federal and state authorities over investigative control, civil rights violations, and constitutional boundaries. Mary McCord and Andrew Weissmann combine their Department of Justice experience to analyze the legal and human stakes, as Minnesota's state and city officials, courts, and local communities push back against what the hosts characterize as an unprecedented, often unlawful federal overreach in immigration enforcement and protest suppression.

Key Discussion Points and Insights

1. The Shooting of Mr. Preddy in Minneapolis

[01:39–12:57]

• The episode opens with the immediate reaction to the tragic shooting of Mr. Preddy, a local man killed by ICE agents during a Saturday morning enforcement operation.
• Federal Government’s Immediate Response: No investigation was conducted before senior federal officials defended the agents and labeled the victims, including protesters and observers, as “domestic terrorists.”
  • Andrew Weissmann: “They immediately made conclusions with no investigation… You do not have people at the senior levels going, ‘wait, wait, wait, stop. Don’t describe them that way. We need to have an investigation first.’” (06:14)
• Contrasting Eyewitness Accounts & Videos: Eyewitness testimony and widely shared videos offer a narrative starkly conflicting with official DHS statements—showing that Mr. Preddy was unarmed, attempting to help an injured woman, and was shot while motionless on the ground.
  • Notable eyewitness quote (read by Weissmann):
    “…He was only helping. I was five feet from him and they just shot him... The man did not approach the agents with a gun. He approached them with a camera.” (10:28)
  • Medical Response Lapses: A doctor on scene found agents were more focused on “counting bullet wounds” than checking if Mr. Preddy was alive (12:24).

2. Federal Efforts to Control Investigations and Suppress State/Local Oversight

[12:57–21:42]

• Blocking Local Investigators: Federal authorities allegedly prohibited state and local investigators from accessing the crime scene or witnesses, a violation of “routine” coordination.
  • Weissmann: “What is the legitimate reason?... unless you’re trying to... want no investigation or you want a whitewash.” (15:34)
• The federal government argued in court the state had “no business investigating under any circumstances,” a stance the hosts call “just not the law.” (17:08–18:04)
• McCord provides precedent from a previous Park Police shooting—feds sometimes assert priority, but in Minnesota, the federal approach is withholding evidence, not just sequencing investigations.

3. Emergency Litigation & Judicial Response

[19:53–22:31]

• In response, Minnesota and city officials filed an emergency temporary restraining order within hours after the shooting to prevent destruction of evidence—granted Saturday evening.
• The federal government insisted its own policies prevent evidence destruction, met with skepticism by the court and hosts.
  • Weissmann: “If you’re doing it anyway, why do you care so much [about the preservation order]?” (22:28)

4. Legal Pathways for State Prosecution of Federal Agents

[23:38–25:32]

• Brief explainer on how, if the state pursues charges against federal agents, cases can be removed to federal court—but state law still applies; only the forum and some aspects of jury pool/judiciary change.
• Important note: No pressing statute of limitations means justice could still be pursued in the future, even if delayed by federal obstruction.

5. Civil Rights Litigation and the State’s Historic Lawsuit

[29:07–39:59]

• The state of Minnesota and the cities of Minneapolis and St. Paul filed a major lawsuit seeking to halt “Operation Metro Surge.”
• Key Allegations:
  • Excessive force, racial profiling, First Amendment retaliation, resource diversion from local law enforcement, and unconstitutional commandeering of state functions.
• Unique Legal Arguments:
  • 10th Amendment/police powers and a novel “equal sovereignty” argument, alleging Minnesota is targeted politically rather than by immigration realities.
  • Judge’s Reaction: Took arguments extremely seriously; acknowledged this as “legally unprecedented” because “this isn’t normal circumstances,” and ordered supplemental briefing.

The 'Extortion Letter' from Attorney General Pam Bondi

[34:48–39:59]

• Three Demands:
  1. Surrender state records on Medicaid and nutrition programs
  2. Repeal sanctuary policies
  3. Give DOJ access to voter rolls
• Weissmann (on Bondi letter): “…she is screaming the loud part, full voice, which is that we are planning on using every possible tool to have sort of a gun to your head to do exactly what we say.” (37:11)
• Judge’s Order for Briefing: The demands cast doubt on the authenticity of federal immigration enforcement and “breathed new life into” Minnesota’s arguments.

6. First Amendment and Protester/Jouralist Suppression Litigation

[39:59–45:09]

• Discussion of the Tinscher class action: protesters and observers allege “unconstitutional and unlawful and First Amendment retaliation.”
• Initial injunction for protester protection stayed by the 8th Circuit—over concerns it was an impermissibly “universal injunction” and too vague.
• Judges diverge on the use of pepper spray:
  • Weissmann: “A very, very conservative court of appeals has now stayed the district court’s order.” (44:39)

7. ICE Memo and Fourth Amendment Violations

[47:03–57:42]

• New Leaked ICE Memo (May 2025): Guidance allows ICE to enter residences with only an administrative (not judicial) warrant—never before standard practice and, hosts argue, patently unconstitutional.
  • McCord: “What DHS is saying is … We think this person is unlawfully present. I’m gonna write up a little warrant. Go ahead. Go get him in his house. Never went before a court, never went before a judge.” (54:07)
• Whistleblower reveals memo was distributed surreptitiously, not widely, clear 'consciousness of guilt'.
• Weissmann: “If you have the goods, if you’ve got the probable cause, get the friggin warrant… Why have this fight? … If you don’t have it, you shouldn’t be doing it.” (56:56–57:42)
• Key Legal Principle Stressed: The Fourth and First Amendments protect everyone in the U.S.—citizen and noncitizen alike.

8. Judicial Pushback and Contempt Proceedings

[57:42–63:09]

• Chief Judge Schiltz (Minnesota): In the wake of repeated ICE disobedience to court orders (e.g., refusing to provide detainees with hearings or releasing them per orders), the judge required ICE’s director Todd Lyons to “appear personally” and “show cause” for why he shouldn’t be held in contempt.
  • Memo Excerpt: “The court’s patience is at an end… significant hardship to aliens … detained or released 1,000 miles from home. It’s just awful.” (62:49–63:09)
• Secret DOJ Mandamus Attempts: The DOJ made an extraordinary—and unsuccessful—effort to secretly route around the Chief Judge’s authority in protester arrest warrants, “an extraordinary” and “hard NO" legal maneuver.

9. DOJ Leadership Crisis in Virginia

[63:09–65:01]

• Judges forced U.S. Attorney Lindsey Halligan to step down after ruling she was unlawfully serving; threatened disciplinary action for any continued filings in her name—a rare instance of “judges actually putting teeth into their orders.”

Notable Quotes & Memorable Moments

• On Federal Demonization without Evidence:
  • Andrew Weissmann (06:24) “Stephen Miller said about Mr. Preddy that he was a domestic terrorist who tried to assassinate federal law enforcement… Those words in all caps. ‘Massacre law enforcement.’”
• Eyewitness Testimony:
  • Read by Weissmann (10:28): “I didn’t see him with a gun. They threw him to the ground. Four or five agents had him, and they just started shooting him. I don’t know why they shot him. He was only helping.”
• Federal Stonewalling:
  • Weissmann (17:08): “The state has an interest. The feds don’t get to come and commit a state crime.”
• On the ICE Memo:
  • Mary McCord (54:07): “This would be like DOJ saying, I want to arrest so and so for a crime… We’re just going to write up our own little administrative warrant… Go FBI… Into the person’s house, and arrest the person.”
  • Weissmann (56:22): “The Fourth Amendment applies under current law to everyone in the United States. Period. Full stop.”
• On Judicial Frustration:
  • Judge Schiltz, quoted by McCord (62:49): “The court’s patience is at an end. … The practical consequence… has almost always been significant hardship… The detention of an alien is extended… released [in Texas] and told to find a way to get home… just awful.”
• On the Absurdity of DOJ Tactics:
  • McCord (61:11): “Well, I would say no. Hard. No, that’s hard. No first step, hard.”
• On the Political Nature of Enforcement:
  • Weissmann (38:58): “It is now about respecting red states. Because you don’t see any of this kind of activity happening in red states except for blue cities in red states like Memphis.”

Timestamps for Key Segments

• 01:39: Episode introduction and breakdown of topics
• 03:24: “The extortion letter” from AG Bondi discussed
• 05:32–12:57: Detailed narration of Mr. Preddy's killing; contrast between official accounts and eyewitness/video evidence
• 15:34: Federal suppression of state investigators
• 19:53: Emergency court order for evidence preservation
• 23:38–25:32: State prosecution options against federal agents explained
• 29:07–39:59: Minnesota's civil suit against Operation Metro Surge and the “equal sovereignty” argument
• 34:48: Pam Bondi letter demands—federal “extortion” tactics
• 39:59–45:09: First Amendment litigation, 8th Circuit’s stay of protester protections
• 47:03–57:42: ICE’s unconstitutional “administrative warrant” memo, legal/bill of rights analysis
• 57:42–63:09: Federal judicial pushback; potential contempt hearings for ICE
• 63:09–65:01: DOJ leadership crisis in EDVA—judiciary enforces compliance

Overall Tone & Takeaways

The mood throughout is somber, urgent, and deeply critical of recent DHS/ICE actions and DOJ leadership. Weissmann and McCord employ a tone of seasoned incredulity and restrained outrage, balancing legal expertise with clear moral alarm over eroding constitutional safeguards. Their message repeatedly underscores: these are not normal times, and legal precedents—and basic human rights—are being tested at a scale and speed that demand public vigilance and accountability.

Recommended for listeners seeking:

• Detailed, expert legal analysis of current DOJ/DHS actions under the Trump administration
• Insight into how local, state, and federal authorities clash over the rule of law
• A critical, insider perspective on threats to constitutional order, human rights, and the future of American democratic institutions