A Minnesota federal judge just dissolved the temporary restraining order that was preventing the Department of Homeland Security (DHS) from destroying evidence related to the fatal shooting of Alex Pretti. U.S. District Judge Eric C. Tostrud, based in Saint Paul, issued his ruling, stating he found it unlikely that the federal government would actually destroy the evidence, as reported by Reuters.
This ruling follows a highly unusual legal battle that started when the Minnesota Bureau of Criminal Apprehension (BCA) and the Hennepin County Attorney’s Office sued the DHS. Local and state investigators accused federal officials of actively impeding their investigation into the shooting. This whole situation really highlighted the deep distrust between local officials in Minneapolis and the President Trump administration, especially during the widespread protests against the immigration crackdown.
Alex Pretti, who was a 37-year-old intensive care unit nurse at a veterans hospital, was shot by two federal officers during a protest. The incident occurred after he refused an order from a customs officer to move out of the street. While administration officials claimed the officers acted in self-defense, video evidence showed Pretti only had a cellphone in his hands before agents grappled him and shot him at close range.
Court filings indicate the officers involved in the Pretti shooting were actually wearing body cameras, and federal officials have sworn that the footage is being preserved
The most troubling part of the case for the court was how quickly officials in President Trump’s administration rushed to defend the agents and label Pretti a terrorist. State and local investigators argued that these swift public statements, made the day of the shooting, proved DHS had already decided the agents were innocent and showed a lack of genuine interest in a real investigation.
For instance, White House Deputy Chief of Staff Stephen Miller posted on social media calling Pretti a “domestic terrorist (who) tried to assassinate federal law enforcement.” DHS also asserted it appeared Pretti wanted to “do maximum damage and massacre law enforcement.”
Judge Tostrud called these public statements “troubling” and said they reflected “not a genuine interest in learning the truth, but snap judgments informed by speculation and motivated by political partisanship.” Despite his strong disapproval of the political rhetoric, the judge ultimately found that those statements weren’t enough to justify the continuing court order. He noted that federal law enforcement is obligated to preserve evidence for a potential excessive force lawsuit that could be brought on Pretti’s behalf.
Hennepin County Attorney Mary Moriarty confirmed that the federal government has now pledged to preserve the evidence, and state investigators are actively working to gain access.
Published: Feb 3, 2026 12:30 pm