Minnesota SUES the Trump Administration for Access to EVIDENCE in the Pretti, Good, and Sosa-Celis Cases
Allison Gill
After the murders of Alex Pretti, Renee Good, and the shooting of Julio Cesar Sosa-Celis in Minnesota, state and local authorities were denied access to key evidence needed to investigate the shootings. Sometimes the feds refuse to share evidence because of case-specific investigative needs, but in these cases, the refusal to cooperate came from senior federal officials.
After the initial denial to share evidence, Minnesota state officials filed formal requests - called Touhy requests - to the Department of Homeland Security and the Department of Justice for access. Those formal appeals were largely ignored. The federal policy and practice of non-cooperation has led to state officials filing a federal lawsuit in the DC District.
Each federal agency has Touhy regulations. What are those? “Many federal agencies, including DOJ and DHS, have promulgated regulations governing requests for testimony or documents for use in litigation or investigations in which the agency is not a party. These regulations—commonly known as “Touhy regulations” after the Supreme Court decision, United States ex rel. Touhy v. Ragen (1951), that recognized their general validity—were promulgated under authority derived from the Federal Housekeeping Act, 5 U.S.C. § 301.
Touhy regulations typically set forth the factors that agency officials should consider in evaluating legal demands, including the applicability of relevant legal protections— such as privileges, confidentiality interests, or law enforcement sensitivities—and the need for appropriate disclosure notwithstanding these legal protections. These factors cannot, however, create any new privileges or substantive bases for withholding information.”
https://www.muellershewrote.com/p/new-minnesota-sues-the-trump-administration
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More states need to do this. Thank you Minnesota!
