Federal judge to decide jurisdiction in ICE agent's highway assault case

MINNEAPOLIS (FOX 9) - A federal judge will hear arguments to determine whether an assault case against U.S. Immigration and Customs Enforcement (ICE) agent Gregory Morgan Jr. belongs in state or federal court on Friday afternoon.

The incident unfolded on the Twin Cities’ Crosstown freeway interchange during the evening rush on Feb. 5 at the height of Operation Metro Surge. Morgan and his partner, traveling in an unmarked black Ford Expedition rental, allegedly bypassed traffic by driving illegally on the shoulder. When a motorist attempted to block the shoulder to stop him, Morgan allegedly pulled alongside the car and pointed a laser-equipped Glock 19 handgun at the driver and passenger.

'Political pawn'

What they're saying:

Morgan's legal team argues that the incident cannot be viewed outside the frenzied context of the Surge.

In court filings, the defense describes a hostile environment where Morgan was under direct orders to execute a 'tactical withdrawal' from immigration enforcement operations. They argue that drawing his weapon was a necessary and justified response to what he perceived as a targeted vehicular attack.

They further allege that local prosecutors are using Morgan as a political pawn.

"This case shouldn't be about politics. And it clearly is from the Hennepin County Attorney's Office," attorney Ryan Pacyga said following a May court hearing.

Meanwhile, the Hennepin County Attorney’s Office insists this is a straightforward case of road rage.

Prosecutors maintain that Morgan and his partner were simply driving back to the Whipple Federal Building to end their shift and get gas, not responding to an emergency. 

Emphasizing that ICE agents have no authority to enforce local traffic laws, the state argued that the broad tensions surrounding the Surge do not give an agent the right to "menace other drivers" just because they are stuck in traffic.

Defendant & victims expected to testify

Big picture view:

Witnesses, including Morgan, as well as the alleged victims in the case are expected to testify at the high-stakes hearing inside a Minneapolis federal courtroom in front of Judge Nancy Brasel.

An attorney for the two victims has told the court that his clients are reluctant to testify and threatening to invoke their Fifth Amendment rights, fearing the federal government might prosecute them for their actions. According to a July letter filed by John Marti, the pair became concerned about their rights after the Department of Justice filed a court brief suggesting the victims committed a federal felony—Assault on a Federal Officer—by "swerving" at Morgan's vehicle.

Marti accused the DOJ of trying to intimidate the witnesses, pointing out that this mirrors a broader pattern seen during Operation Metro Surge. At the time, he noted that the DOJ had already dismissed at least 21 separate cases alleging Assault on a Federal Officer in Minnesota after evidence failed to support agents' claims, arguing that federal prosecutors are weaponizing the law to protect agent misconduct.

Focused hearing

What's next:

The competing narratives will collide on Friday. Judge Brasel has made it clear she wants to keep the focus narrow. In a recent ruling, she limited the upcoming evidentiary hearing to just three hours, warning both sides that the jurisdictional arguments will not turn into a "mini-trial" for the entire case.