Five Candidates Face Off Over ICE Prosecution, Criminal Justice Reform in Hennepin County Attorney Race

The race to succeed outgoing Hennepin County Attorney Mary Moriarty kicked off Tuesday night, March 31, at the Sabathani Community Center, where five candidates laid out how aggressively they would prosecute federal immigration agents and how they see their role in reforming the criminal legal system.

Moriarty’s Legacy Sets the Stage

As a reform-minded prosecutor, Moriarty pushed back on mandatory minimums and clashed openly with Minneapolis Police Chief Brian O’Hara. The former public defender turned county attorney announced last August that she would not seek reelection. After the FBI froze Minnesota’s Bureau of Criminal Apprehension out of the investigations into the ICE-related shooting deaths of Renee Good and Alex Pretti, Moriarty launched her own probe, opening investigations into 17 incidents involving immigration agents. Her departure has opened a race that has rapidly sorted candidates into distinct camps.

Folk’s Federal Background Draws Praise — and Scrutiny

Anders Folk called for an independent, impartial criminal and civil investigation from the HCAO into actions by ICE agents, saying accountability must run through both criminal prosecution and civil recovery for damages the county may have suffered. “I think the civil side of the county attorney’s office to play a role here is ensuring that to the extent there are money damages that the county has suffered as a result of this federal occupation, that the county is able to seek recovery for that and so accountability for criminal action is job one,” Folk said. “Job two is the civil recovery.”

Folk served as the acting U.S. Attorney for the District of Minnesota from early 2021 until late 2021, stepping into the role after Trump-appointed U.S. Attorney Erica MacDonald resigned at Joe Biden’s request.

Minneapolis Mayor Jacob Frey said Folk’s short stint as U.S. Attorney makes him the most practical candidate to prosecute federal agents.

“Minneapolis has been ground zero for attacks on the rule of law,” Frey said in a statement. “We need strong governing partners and bridge builders who know how to lead. Anders Folk is uniquely qualified to do exactly that.”

While Frey touted Folk’s resume, criminal justice watchdogs saw his appointment as problematic. In 2021, The Revolving Door Project criticized Folk’s appointment to Minnesota’s U.S. Attorney’s Office, arguing that his ties to corporate law and his appointment by a Trump-era U.S. Attorney make him ill-suited to lead on racial justice reform. The group wrote that they found it doubtful that a corporate law attorney hired by a Trump appointee is equipped to deliver on calls for racial justice and criminal justice reform, and called for U.S. Attorney offices to prioritize public defense lawyers instead.

Frazier Invokes George Floyd, Warns of Unrest

State Rep. Cederick Frazier warned that failing to prosecute federal agents will lead to the same uprising that followed George Floyd’s murder. “There was a press conference within the dead time the U.S. attorney and Mike Freeman, and there was a comment made is that we might not be able to permanently charge that officer, and it was that led to the violence in the streets,” Frazier said.

Frazier was the architect behind the 2021 omnibus public safety bill, which limited low-level, pretext-type traffic stops statewide and tightened use-of-force and no-knock warrant rules. While Hennepin and Ramsey counties have adopted county policies that decline most felony charges arising from non-public-safety stops, Frazier’s work restricts how often officers can make those low-level stops in the first place. Attorney General Keith Ellison and Lt. Governor Peggy Flanagan endorsed Frazier for Hennepin County Attorney.

Nguyen Builds Case for Specialized Prosecution Team

Hao Nguyen, endorsed by Hennepin County Sheriff Dawanna Witt and Ramsey County Attorney John Choi, described building a specialized prosecution team in Ramsey County.

“There’s a whole host of things that the federal government did to us that are felonious, contact, kidnap, false imprisonment, assault, battery, everything else, not just the shootings and killings, and we gotta hold them at home for that,” Nguyen said. “I got sworn in the federal court a month ago because we anticipate that once we prosecute, and if we do, and I will see here, as long as it takes to do that, they’re going to remove us to federal court.”

Shen Urges Broader View of Office’s Responsibilities

University of Minnesota law professor Francis Shen pushed back on the notion that prosecuting federal immigration agents is the office’s only challenge. “Every moment spent prosecuting ICE is a moment not spent dealing with the other 15,000 cases that were a problem before ICE showed up and the system that I think has been a problem for decades,” Shen said.

“I really agree with Anders and support it for the county attorney to be upfront about those doesn’t you don’t necessarily prosecute. It means you recognize that these are very difficult cases, because it’s getting to move to federal court,” Shen said.

Pelikan Presses for Charges Now

Pelikan took issue with Shen’s claims that the HCAO is too resource-strapped to pursue all cases of misconduct from immigration agents. “I have a simple question, where are the charges,” the 14-year litigator asked.

“This should not be an academic exercise,” Pelikan said. “You’re telling me there isn’t a single use of force case that can be brought to show that there are consequences. I refuse to believe it. Yes, there are resource issues.” Pelikan cited that AG Ellison brought in special counsel to expand the scope of his office to prosecute the murder of George Floyd. Yes, there are real federal jurisdictions.

Moriarty Reflects on Fractured Police Relationships

Moriarty said that she initially had a productive relationship with police chiefs in Hennepin County.

“They’ve got my cell phone number,” Moriarty said. “I met with them four times a month in small groups to get their input, to try to build policies with them.”

Moriarty said things broke down when her office pressed charges against state trooper Ryan Londregan for the fatal shooting of Ricky Cobb.

“Unfortunately, when we charged the trooper, they refused to meet with me,” Moriarty said. “That was the end of that. And you know, I would like nothing more than to work with them.”

That breakdown between the HCAO and local law enforcement leaders also drew sharp words from candidates.

“I don’t know others on this table, as you know, when I’ve been talking to local police chiefs, the relationships have really soured with our current county attorney’s office for reasons that I will speculate on,” Shen said. “But that’s the reality, and that bridge has been broken.”

Pelikan said that officers feel over-targeted, citing polling showing that more than 90 percent of cops believe they could be criminally charged for “doing their jobs.” “That’s unacceptable,” he said, “and that leaves all of us less safe.”

Primary Set for August, General Election in November

The nonpartisan primary is Aug. 11, with the top two finishers advancing to the Nov. 3 general election.