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Judge blocks Trump admin from 'destroying or altering' evidence in deadly Minneapolis shooting
By Michael Sinkewicz
Published January 25, 2026
A federal judge in Minnesota has blocked the Trump administration from "destroying or altering evidence" related to a deadly shooting involving a Border Patrol agent in Minneapolis on Saturday.
The ruling came after the Hennepin County Attorney’s Office and the Bureau of Criminal Apprehension filed a lawsuit Saturday to prevent the destruction of evidence in the shooting death of Alex Pretti, a 37-year-old Minneapolis resident killed by a Border Patrol agent during an immigration enforcement operation.
According to the Department of Homeland Security (DHS), Pretti approached Border Patrol agents armed with a 9mm pistol and "violently resisted" when they attempted to disarm him.
The lawsuit, filed in the U.S. District Court for the District of Minnesota, names DHS, Immigration and Customs Enforcement (ICE), Customs and Border Patrol (CBP) and U.S. Border Control, as well as Attorney General Pam Bondi, as defendants.
Minnesota Attorney General Keith Ellison said state officials filed a lawsuit to prevent federal agencies from destroying evidence tied to the fatal shooting of Alex Pretti. (Reuters/Tim Evans)
The groups, represented by the Minnesota Attorney General’s Office, said the litigation is accompanied by a motion for a temporary restraining order that asks the court to immediately prevent the defendants from destroying any evidence related to the shooting.
In granting the temporary injunction, Judge Eric Tostrud wrote that federal officials and those acting on their behalf cannot destroy evidence taken from the scene of the south Minneapolis shooting or now in their exclusive custody, which state authorities say they were previously barred from inspecting.
Tostrud scheduled a hearing Monday to review the order.
"As I said earlier today, I will not rest, my team will not rest, until we have done everything in our power, everything within our authority, to achieve transparency and accountability," Hennepin County Attorney Mary Moriarty said in a statement. "Our office has jurisdiction to review this matter for potential criminal conduct by the federal agents involved and we will do so."
Moriarty added that the lawsuit is just one of the actions her office is taking "to ensure that a thorough and transparent investigation can be completed at the state level."
This undated photo provided by Michael Pretti shows Alex J. Pretti, the man who was shot by a federal officer in Minneapolis on Saturday, Jan. 24, 2026. (Michael Pretti via AP)
In announcing the litigation, Minnesota Attorney General Keith Ellison asserted that "federal agents are not above the law and Alex Pretti is certainly not beneath it."
"A full, impartial, and transparent investigation into his fatal shooting at the hands of DHS agents is non-negotiable," he said in a statement. "Minnesota law enforcement is currently carrying out such an investigation, and it is essential that the evidence collected by federal agents is preserved and turned over to state officials. Today’s lawsuit aims to bar the federal government from destroying or tampering with any of the evidence they have collected."
Ellison added that "justice will be done."
Homeland Security Assistant Secretary Tricia McLaughlin told Fox News Digital on Sunday that "any claim that the federal government would ‘destroy’ evidence is a ridiculous attempt to divide the American people and distract from the fact that our law enforcement officers were attacked — and their lives were threatened — yesterday."
"We are actively investigating this matter and will continue to do so as we do for any officer involved shooting," McLaughlin continued. "DHS eagerly awaits any effort from Minnesota to help our officers arrest criminal aliens in the meantime."
Fox News Digital reached out to the White House and the Department of Justice for comment.
In a separate statement, Ellison said he shares "intense grief and anger" that Pretti was shot and killed during the Trump administration's Operation Metro Surge.
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U.S. Attorney General Pam Bondi spoke on Fox News Live regarding the CBP-involved shooting in Minnesota on Saturday, Jan. 24. (Fox News Live)
He said his office will argue in court Monday to end "this illegal and unconstitutional occupation of our cities and the terror and violence it's inflicting."
The Department of Homeland Security said it is leading the investigation into the shooting.
Pretti was a U.S. Department of Veterans Affairs ICU nurse. Though medics immediately delivered aid, Pretti was pronounced dead at the scene.
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Fox News Digital's Alexandra Koch contributed to this report.
https://www.foxnews.com/politics/judge-blocks-trump-admin-destroying-altering-evidence-deadly-minneapolis-shooting