'Frustrated' federal judge confronts DOJ lawyers 'struggling to articulate' evidence

13 January

Border Patrol commander Greg Bovino looks on after a driver of a vehicle was shot in Minneapolis, Minnesota, U.S., January 7, 2026. REUTERS/Tim Evans

In Minneapolis, federal Judge Kate Menendez is ruling on an emergency motion by protesters who oppose the tactics being used in U.S. Immigration and Customs Enforcement (ICE) raids in that city. The motion comes at a time when Minneapolis is reeling from the fatal shooting of unarmed 37-year-old motorist Renee Nicole Good by an ICE agent.

Politico's Kyle Cheney reported on the motion and a Tuesday, January 13 hearing in a thread on X, formerly Twitter — describing the frustrations Menendez expressed to U.S. Department of Justice (DOJ) lawyers.

Cheney tweeted, "Menendez again frustrated that she doesn't have firsthand accounts from police officers who claim protesters suing them were acting in unruly ways. 'Why don't I have that officer's declaration before me?' she asks when DOJ lawyers alleges a protester 'pushed past' an officer. Menendez: I don't have any ability to assess that because I don't have anything but an unknown level of high summary."

The Politico reporter noted that Menendez, during the hearing, made it "clear she intends to rule on the emergency motion by protesters — seeking to halt key police tactics by ICE in Minnesota — by Thursday afternoon," January 15.

According to Cheney, "Under questioning from Menendez, DOJ struggling again to articulate why ICE officers can draw guns on drivers who are following them, so long as those drivers are not breaking traffic laws or posing any other articulable threat."

After the hearing concluded, Cheney described the skepticism that Menendez expressed over the ICE-related claims by Trump administration officials.

"Update: Hearing in Minneapolis is over," Cheney tweeted. "Judge Menendez appeared skeptical of Trump administration on a few key points: That ICE can pull over cars that are following them, even if those cars obey all traffic laws; that officers can draw guns on stopped motorists without evidence of a crime. But she also seemed skeptical of effort by protesters to apply an injunction statewide, or that in a post-CASA world, she could (or needed to) provisionally certify a class at this stage of the case."

CASA refers to Trump V. CASA, where, as ScotusBlog reports, "the Supreme Court curtailed the use of universal injunctions."

Cheney continued, "She's eyeing a ruling that would cover specifically 'Operation Metro Surge' or the 7 counties in the Twin Cities metro area. Next step: Protesters/DOJ must decide whether the judge can demand video of specific arrests prior to ruling on the preliminary injunction. Ruling on the PI to come Thursday PM or Friday AM."

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