Ex–Jan. 6 Prosecutors Urge Congress to Use Capitol‑Riot Playbook to Probe ICE and CBP Conduct in Minneapolis Killings
Six former lead Jan. 6 prosecutors have drafted a four‑page memo urging Congress to use the Jan. 6 investigative "playbook" to probe ICE and CBP conduct in the Minneapolis killings of Renee Good and Alex Pretti, recommending that Congress hire use‑of‑force experts, categorize alleged offenses, solicit public tips and digital evidence (including geofence and social‑media data), and issue preservation requests to tech firms. Their push comes amid large "ICE Out" protests, clergy arrests and National Guard deployments, contested federal and state accounts and videos of Pretti’s shooting, a federal court order to preserve DHS evidence, CBP disclosures that two agents fired and possible chain‑of‑custody lapses, and congressional demands for DOJ records amid criticism that DOJ has not opened civil‑rights probes.
📌 Key Facts
- On Jan. 23, thousands of Minnesotans took part in an 'ICE Out of Minnesota: Day of Truth and Freedom' general strike and protests in subzero temperatures — with hundreds of businesses closing, organized labor and faith groups backing the action, marches from The Commons to Target Center, and about 100 clergy arrested at Minneapolis–St. Paul International Airport after demonstrators exceeded permit conditions, according to multiple reports.
- Organizers explicitly called for a statewide economic blackout (no work, no school, no shopping); the Twin Cities DSA urged workers to use the state’s Earned Sick and Safe Time as cover for a one‑day absence and framed the action as an economic strike, while at least one local group circulated more confrontational tactics for confronting officers, according to reporting.
- The protests occurred amid a large DHS/immigration surge in Minneapolis — officials reported deploying as many as 3,000 immigration personnel, Border Patrol commander Greg Bovino held a news conference, federal and state leaders clashed over requests for local police assistance, and Gov. Tim Walz mobilized the Minnesota National Guard to secure protest sites and a federal building.
- On Jan. 24–25 federal agents fatally shot 37‑year‑old Alex Pretti during an immigration operation; DHS and Border Patrol said officers fired 'defensive shots' after Pretti approached with a 9mm and 'violently resisted' disarmament, while bystander video, Pretti’s family and Minneapolis police indicate he appeared to be holding a phone, was a lawful gun owner with a carry permit, and may have been disarmed before the fatal shots.
- State prosecutors and Minnesota officials sued to preserve federal evidence after the Pretti shooting; a federal judge (Eric Tostrud) issued a temporary injunction barring DHS, ICE, CBP and Border Patrol from destroying or altering evidence, while internal CBP reporting to Congress said two agents fired and disclosed that Pretti’s handgun had been secured in an agent’s vehicle without a documented chain of custody.
- Multiple outlets reported that the federal investigative configuration was unusual: FBI Director Kash Patel said HSI (an ICE unit) is investigating Pretti, the FBI’s evidence role was curtailed and most material was transferred back to DHS, and DOJ officials told lawmakers they saw 'no basis' (so far) for a civil‑rights criminal probe — raising bipartisan and legal concerns about independence and evidence handling.
- Six former lead Jan. 6 prosecutors drafted a four‑page memo urging Congress to use the Capitol‑riot investigative 'playbook' to probe ICE and CBP conduct, starting with the Pretti and Renee Good cases; their recommendations include hiring former FBI/DHS use‑of‑force experts, categorizing alleged offenses, soliciting public tips and media (including geofence preservation requests), mining officers’ social media, and preserving evidence now to enable future prosecutions because they say DOJ shows 'no apparent interest.'
📊 Analysis & Commentary (1)
What's the Real Story Here?
"An opinion piece skeptical of the dominant media narrative about the Minneapolis ICE surge, arguing the 'real story' centers on crime, alleged fraud and local noncooperation that pushed the federal response — and criticizing politicians and press coverage for oversimplifying and politicizing those operations."
📰 Source Timeline (23)
Follow how coverage of this story developed over time
February 01, 2026
11:00 PM
Ex-Capitol riot prosecutors draft strategy for Congress to probe ICE conduct
New information:
- Six former lead Jan. 6 prosecutors drafted a four‑page strategy memo urging Congress to investigate ICE and CBP misconduct, starting with the Minneapolis killings of Renee Good and Alex Pretti.
- The memo recommends Congress hire former FBI and DHS agents with use‑of‑force expertise and organize the probe into categories such as offenses against detained migrants, non‑detained migrants, protesters/observers, and court‑order flouting.
- The prosecutors advise Congress to solicit public tips, videos and photos of ICE/CBP misconduct, issue preservation requests to Google and other tech firms for geofence data, and mine social‑media accounts of involved officers and victims.
- Brendan Ballou, one of the authors, tells CBS the DOJ has 'no apparent interest' in investigating ICE/CBP crimes and that a comprehensive congressional investigation is needed to preserve evidence now and 'tee up prosecutions in the future.'
January 27, 2026
10:32 PM
2 agents fired their weapons during Alex Pretti shooting, report to Congress says
New information:
- Supplies the specific CBP Office of Professional Responsibility preliminary narrative the Judiciary Democrats have been demanding, confirming that two federal officers fired on Alex Pretti and omitting any allegation that he advanced on agents with his firearm.
- Reveals that Pretti’s handgun was secured by a Border Patrol agent in a vehicle without documented chain of custody at the scene, a fact not previously acknowledged in official documents and directly relevant to congressional concerns about evidence preservation.
- Confirms that DHS’s first public statement calling the shots 'defensive' and describing Pretti as approaching with a 9mm semi‑automatic has already been overtaken by a more cautious, internally inconsistent CBP account provided to Congress.
6:22 PM
No civil rights violation probe into latest MN shooting, sources tell MS NOW
New information:
- Confirms that DOJ will not open a civil-rights investigation into the Pretti shooting, mirroring its earlier stance on the Renee Good case.
- Clarifies that CBP’s own office, not DOJ, is leading the policy-compliance probe into the Pretti shooting while ICE’s HSI investigates Pretti’s alleged crimes.
- Reveals that an FBI evidence-collection role was sharply curtailed and that nearly all evidence was immediately transferred back to DHS rather than retained for independent federal review.
- Adds expert criticism that this configuration violates standard DOJ practice for fatal officer-involved shootings and that apparent mishandling of Pretti’s firearm further undermines the integrity of any eventual findings.
11:00 AM
Key legislators seek DOJ records on Alex Pretti and Renee Good killings by next week
New information:
- House Judiciary Committee Democrats, led by Ranking Member Jamie Raskin, sent a letter to Attorney General Pam Bondi demanding DOJ turn over records on the Alex Pretti and Renee Good shooting probes by Monday, Feb. 2.
- The letter alleges senior Trump administration officials ordered federal law enforcement to investigate Renee Good’s widow, to block state prosecutors from accessing key evidence in Good’s case, and are now taking similar steps regarding Pretti.
- CBS confirms that DOJ’s Civil Rights Division was told it would not investigate Good’s death, an unusual choice for a fatal officer shooting, and that several Minnesota federal prosecutors resigned after pressure to pursue Good’s widow and treat the incident as an assault on a federal officer.
- FBI Director Kash Patel says the Pretti case is being investigated by ICE’s Homeland Security Investigations unit, which current and former officials describe as an unusual choice since HSI does not typically probe officer-involved shootings.
- Minnesota’s Bureau of Criminal Apprehension withdrew from the Good investigation after DOJ allegedly blocked its access to evidence, and a federal judge has ordered DHS not to destroy or alter evidence in the Pretti case.
- DOJ and FBI statements reiterated to CBS say there is 'currently no basis for a criminal civil rights investigation' into the Good shooting and that the 'facts on the ground do not support' such a probe.
10:00 AM
Videos showed Alex Pretti’s death – and undercut the government’s version of events
New information:
- The Christian Science Monitor details that multiple witness videos show Alex Pretti holding a cellphone in one hand and nothing in the other, standing between armed agents and a woman they had pushed to the ground, before agents tackled him, apparently took his firearm, and then shot him.
- It reports that over the weekend the Trump administration publicly labeled Pretti a 'domestic terrorist' who wanted to 'massacre' law enforcement, but that this characterization failed to take hold as videos spread.
- The article documents an unusual backlash from conservative and business circles, including the NRA calling a federal prosecutor’s suggestion that armed citizens can be lawfully shot 'dangerous and wrong.'
- It notes that by Monday President Trump shifted course: he dispatched border czar Tom Homan to Minnesota to oversee operations and report directly to him and had what he described as a conciliatory call with Gov. Tim Walz about working together.
- Multiple reports cited in the piece indicate Border Patrol commander Greg Bovino and some agents may be pulled out of Minneapolis as soon as Tuesday in response to the controversy.
- The story adds broader context about how widely circulated video evidence can erode public trust in official accounts, quoting experts on perceptions of government legitimacy and the power—and limits—of imagery in a partisan environment.
9:14 AM
Experts say the divide between Minnesota and federal authorities is unprecedented
New information:
- Minnesota DOC has launched an official website specifically to counter what it calls DHS 'misinformation' about the Operation Metro Surge crackdown and the shootings of Alex Pretti and Renee Good.
- The site publishes concrete examples where Minnesota prisons honored ICE transfer requests, including videos of peaceful custody transfers, to refute DHS claims that dangerous noncitizens were routinely released.
- DOC issued a detailed news release disputing Border Patrol Chief Gregory Bovino’s characterization of the Saturday target’s criminal record, saying the department never had him in custody and could find only decade‑old misdemeanor traffic offenses.
- The Minnesota Bureau of Criminal Apprehension and the Hennepin County Attorney’s Office filed a federal lawsuit after Pretti’s killing seeking to preserve all federal evidence; a federal judge has ordered the Trump administration not to destroy or alter that evidence.
- Former Bush‑era Treasury undersecretary and ex‑federal prosecutor Jimmy Gurulé and other experts describe the open rift between Minnesota and federal law enforcement as 'unprecedented' compared with past turf fights, which were handled privately.
5:10 AM
Trump administration's trust and credibility tested in wake of Pretti's death in Minneapolis
New information:
- Sen. Bill Cassidy, a Louisiana Republican, publicly warned that 'the credibility of ICE and DHS are at stake' and called for a 'full joint federal and state investigation' into the Pretti shooting.
- Sen. John Curtis, R‑Utah, criticized DHS Secretary Kristi Noem’s 'premature' response, said it 'weakened confidence,' and demanded a 'transparent, independent investigation.'
- The White House now says Border Patrol commander Greg Bovino is expected to leave Minneapolis soon, signaling a personnel shift in the surge’s on‑the‑ground leadership.
- White House press secretary Karoline Leavitt tried to distance President Trump from early, highly charged claims labeling Pretti a 'domestic terrorist,' noting those words did not come directly from Trump.
- Trump and Minnesota Gov. Tim Walz have spoken and both characterized their call as productive, suggesting some attempt at damage control between Washington and St. Paul.
January 25, 2026
2:39 PM
Narratives clash after Trump and victim's family react to second Minneapolis shooting
New information:
- Fox piece confirms Judge Eric Tostrud granted a temporary injunction explicitly barring DHS, ICE, CBP and Border Patrol from destroying or altering any evidence from the scene or in their exclusive custody.
- The lawsuit and order name DHS, ICE, CBP, U.S. Border Patrol and Attorney General Pam Bondi as defendants, with a hearing scheduled for Monday.
- Pretti’s parents publicly denounce DHS’s version as 'sickening lies,' saying video shows him holding a phone with his empty left hand raised as he tried to help a woman pushed down by agents.
- President Trump publicly highlights that Pretti was armed and carrying two extra magazines, while White House deputy chief of staff Stephen Miller labels Pretti a 'would-be assassin' and 'domestic terrorist' who 'tried to murder federal law enforcement.'
- The article reiterates DHS Secretary Kristi Noem’s statement that Pretti 'violently resisted' and that the agent fired 'fearing for his life,' juxtaposed with footage showing an agent had disarmed him shortly before the fatal shots.
5:55 AM
In Battle for Evidence, Minnesota Sues Feds Over Fatal Border Patrol Shooting
New information:
- The WSJ report confirms that Minnesota’s attorney general and prosecutors have responded to the Alex Pretti shooting by filing in U.S. District Court to restrict DHS and DOJ from destroying or concealing evidence.
- Ellison’s motion explicitly links his fears about federal non‑cooperation to what he calls 'astonishing' mistakes by federal officers in the immediate aftermath of the shooting.
- This is the first on‑record confirmation that the state is invoking federal judicial oversight specifically for evidence preservation in the Pretti case, not just demanding access through political channels.
5:10 AM
Protesters demand immigration agents leave Minneapolis after man is shot and killed during crackdown
New information:
- Hundreds of protesters took to Minneapolis streets in frigid weather after the shooting, clashing with federal officers who used batons and flash‑bangs.
- Gov. Tim Walz deployed Minnesota National Guard troops both to the shooting scene and to a federal building where daily standoffs with demonstrators are occurring.
- DHS spokesperson Tricia McLaughlin said officers fired 'defensive shots' after a man with a handgun approached and 'violently resisted' disarmament, while bystander video shows Pretti holding only a phone and Police Chief Brian O’Hara says he appears to have been a lawful gun owner with a carry permit.
- DHS Secretary Kristi Noem publicly asserted that Pretti came to 'impede a law enforcement operation' and questioned why he was armed, without clarifying whether he drew or brandished a weapon.
- President Trump used social media to attack Gov. Walz and the Minneapolis mayor, accuse them of 'inciting Insurrection,' and post images of the handgun DHS says was recovered.
- Rep. Alexandria Ocasio‑Cortez called for federal immigration authorities to leave Minnesota and urged Democrats to refuse to fund ICE, while Senate Majority Leader Chuck Schumer said Democrats will not support any spending package that includes DHS funding, increasing the risk of a partial shutdown on Jan. 30.
- Pretti’s family issued a detailed statement calling him a kindhearted ICU nurse and protester against Trump’s immigration crackdown, accusing the administration of 'sickening lies' and stressing that video shows his phone in one hand and his other hand raised when agents attacked him.
4:52 AM
Man is shot and killed during Minneapolis immigration crackdown, National Guard activated
New information:
- AP confirms the man killed is 37‑year‑old ICU nurse Alex Pretti, identified by family, who had previously protested Trump’s immigration crackdown.
- DHS says federal officers fired 'defensive shots' at a man with a handgun who allegedly 'violently resisted' disarmament; DHS Secretary Kristi Noem publicly questions why Pretti was armed but offers no clear account that he brandished the weapon.
- Bystander videos obtained by AP show Pretti holding a phone, not a visible gun, with Minneapolis Police Chief Brian O’Hara stating police believe he was a lawful gun owner with a carry permit.
- Pretti’s family issues a detailed statement calling DHS claims 'sickening lies,' saying video shows his right hand holding a phone, left hand raised, and accusing ICE officers of attacking him and pushing down a woman before pepper‑spraying and shooting him.
- Gov. Tim Walz activates the Minnesota National Guard to assist local police at both the shooting scene and a federal building that has been a daily protest site.
- President Trump posts images of the gun DHS says was recovered, attacks Walz and the Minneapolis mayor, and accuses them of 'inciting Insurrection' and preventing local police from protecting ICE officers.
2:07 AM
Noem says Minneapolis suspect committed ‘domestic terrorism,’ accuses Walz, Frey of inciting violence
New information:
- DHS Secretary Kristi Noem publicly stated that the suspect killed in the Minneapolis Border Patrol shooting, 37‑year‑old Alex Pretti, committed an act of 'domestic terrorism' by allegedly arriving 'to inflict maximum damage' and stop a federal law‑enforcement operation.
- Noem claimed at a FEMA news conference that Pretti approached Border Patrol officers with a 9mm semi‑automatic handgun, that agents tried to disarm him, and that an agent fired 'defensive shots' fearing for his and colleagues’ lives; she said Pretti had two loaded magazines 'with dozens of rounds' and no ID.
- She repeated DHS’s account that protesters then 'obstructed and assaulted' officers and that a Homeland Security Investigations agent’s finger was 'bitten off,' and she explicitly blamed Gov. Tim Walz and Mayor Jacob Frey for 'encouraging' resistance and violence against federal officers.
- Noem stressed that President Trump is prepared to invoke the Insurrection Act in response to Minnesota unrest if he deems it necessary, tying her terrorism rhetoric to possible domestic troop deployment.
January 24, 2026
10:11 PM
Anti-ICE agitator allegedly bites off federal officer's finger during Minneapolis attack
New information:
- DHS Assistant Secretary Tricia McLaughlin posted a photo on social media of a severed finger she says belonged to an HSI officer, asserting that an anti‑ICE protester in Minneapolis 'bit off' the agent’s finger and that the officer will lose it.
- McLaughlin’s post included photos of two people in custody as possible suspects, though Fox notes it is unclear which, if either, is alleged to have bitten the finger.
- Border Patrol Chief Greg Bovino told reporters that about 200 'rioters' converged on the scene of the separate, same‑day fatal Border Patrol shooting and that they 'obstructed and assaulted law enforcement,' framing the episode as an attempted 'massacre' of officers.
- The Minnesota National Guard confirmed it is sending additional soldiers to bolster security at the Bishop Henry Whipple Federal Building and to support state agencies at local request, beyond units already mobilized by Gov. Tim Walz.
1:08 AM
Thousands march through Minneapolis, swarm Target Center demanding ICE removal from Minnesota
New information:
- Confirms that thousands of people marched from The Commons in downtown Minneapolis to the Target Center as part of the 'ICE Out of MN: Day of Truth and Freedom' march.
- Reports that attendees entered the Target Center arena, where a smaller group coordinated chants and a 'wave' inside, and that security screening with a metal detector was in place at the entrance.
- Quotes Minneapolis City Council Member Elizabeth Shaffer publicly praising the turnout on X and sharing an image of largely empty upper seating inside the arena under the 'ICE OUT OF MINNESOTA' Jumbotron message.
January 23, 2026
11:45 PM
Thousands brave frigid cold in Twin Cities 'ICE Out' protest
New information:
- PBS reports that thousands of protesters braved frigid weather in the Twin Cities for an 'ICE Out' mobilization against the Trump administration’s ICE surge.
- The segment emphasizes that the protest was part of a coordinated general strike and walkout explicitly backed by labor leaders and faith groups, highlighting organized institutional support.
- It frames the day’s actions as a direct response to the Trump administration’s immigration crackdown and surge of ICE personnel in the Twin Cities.
11:39 PM
Anti-ICE agitators, including clergy, arrested at Minneapolis airport during protest in frigid weather
New information:
- Faith in Minnesota says more than 100 clergy and faith leaders were arrested at Minneapolis–Saint Paul International Airport on Jan. 23, 2026, during a permitted protest that moved beyond agreed‑upon terms.
- The Metropolitan Airports Commission says MSP Airport Police began arrests only after protesters exceeded the conditions of their demonstration permit, citing the need to protect airport safety, security and access to Terminal 1.
- At the Whipple Federal Building, Hennepin County Sheriff’s Office declared an 'unlawful protest,' reported ice chunks thrown at vehicles and broken windows, issued three dispersal orders, and said protesters blocking an access road were warned and then arrested.
10:10 PM
Minnesotans turn out in the frigid cold to protest Trump's immigration crackdown
New information:
- Confirms that on Jan. 23, 2026, large crowds marched and rallied in downtown Minneapolis in subzero temperatures as part of an 'ICE Out of Minnesota: A Day of Truth and Freedom' general strike and economic blackout.
- Reports that many Minnesota businesses, including restaurants, museums, bookstores and coffee shops, closed for the day in coordinated support of the protest.
- Details a morning protest at Minneapolis–St. Paul International Airport where clergy and community members sang and prayed outside DHS charter flights; organizers say about 100 clergy were arrested, and airport police say those arrested received misdemeanor citations for trespassing and failure to comply, then were released.
- Quotes protesters and organizers describing widespread fear of going outside, neighbor‑to‑neighbor support networks, and local efforts to track and confront ICE operations with honking, whistling, yelling and filming.
- NPR reporters state they have personally witnessed federal officers using tear gas, flash bangs and pepper balls on crowds, ramming a Latino U.S. citizen’s vehicle and demanding ID, and stopping or detaining people of color seemingly at random, with DHS deploying up to 3,000 immigration officers in the state.
9:28 PM
General strike, rally, marches in Minnesota Friday to protest ICE
New information:
- Hundreds of Twin Cities businesses closed Friday as part of a self‑declared general strike and 'Day of Truth and Freedom' with calls for no work, no school and no shopping.
- Thousands of demonstrators marched from The Commons near U.S. Bank Stadium through downtown Minneapolis to Target Center, where a large indoor rally was planned.
- Dozens of clergy and faith leaders were arrested at Minneapolis–St. Paul International Airport while protesting ICE flights and calling on airlines, especially Delta and Signature Aviation, to stop facilitating deportation operations.
- Civil‑rights activist Nekima Levy Armstrong and St. Paul school board member Chauntyll Louisa Allen, arrested Thursday over a protest inside Cities Church, were released from Sherburne County Jail Friday afternoon; William Kelly’s status is unclear.
- Minnesota officials and DHS remain in a sharp factual dispute over a 5‑year‑old from Columbia Heights: the school district says ICE used him as bait to arrest his father, while DHS publicly accused the father, without evidence, of 'abandoning' the child while fleeing agents.
- Border Patrol Commander Greg Bovino claims Minneapolis police have ignored federal requests for help during the surge; MPD flatly denies receiving such calls.
3:33 PM
WATCH LIVE: Border Patrol chief Bovino hold news conference on immigration operations in Minneapolis
New information:
- Confirms Border Patrol commander Greg Bovino will hold an 11 a.m. EST news conference on immigration operations in Minneapolis.
- Details that organizers have called for Minnesotans to stay away from work, school and stores on Friday and hope this will be the largest coordinated protest to date.
- Reports National Weather Service warnings of minus 21°F temperatures and minus 40°F wind chills in Minneapolis on the morning of the walkout, with many schools suspending in‑person classes citing extreme cold.
- Adds that more than 100 mostly small Twin Cities businesses plan to close or donate profits in solidarity, and that clergy from multiple faiths plan to join the march and hold additional services and fasting.
- Notes Vice President JD Vance’s visit to Minneapolis the prior day, where he urged peaceful protest and called on local officials to cooperate with federal forces.
11:59 AM
Millions of Americans brace for winter storm. And, Zelenskyy's warning for Europe
New information:
- NPR reports that on Jan. 22 the Trump administration arrested three protesters for disrupting a Cities Church service in St. Paul the prior Sunday.
- NPR’s Meg Anderson says the arrests appear to mark a shift to a harder line on some protesters and notes that videos of the church protest did not appear violent.
- The piece adds that Vice President JD Vance, during his Minneapolis visit, publicly drew a distinction between violent and non‑violent protests, but that most protests in the area have been peaceful by NPR’s account.
9:48 AM
Morning news brief
New information:
- NPR characterizes Friday’s Minnesota action as a 'statewide economic blackout against ICE,' suggesting organizers see it as broader than a school and work walkout.
- The brief places the blackout alongside national‑scale stories (Davos, huge winter storm), underscoring its perceived political salience.
January 21, 2026
11:00 PM
Minnesota socialists tell workers to fake sick leave for anti-ICE protests
New information:
- Twin Cities Democratic Socialists of America are explicitly encouraging Minnesota workers to use the state’s Earned Sick and Safe Time law as cover to miss work for the Jan. 23 anti‑ICE protests, telling people they do not need to document a one‑day absence and can take a 'mental health day.'
- The DSA post frames the current ICE presence in Minnesota as a 'military occupation' and calls for 'no work, no school, no shopping' on Jan. 23 to 'melt ICE out of MN,' positioning the action as an economic strike.
- A separate group, Ice Out of Twin Ports, is circulating protest tactics online that include physically 'pushing or pulling' officers off arrestees, hitting officers’ hands, and opening police vehicles to free detainees, along with rhetoric that 'white folks need to put their bodies in the way' of police violence against Black protesters.
January 17, 2026