Brian Tyler Cohen
Brian Tyler Cohen
February 18, 2026

INSANE: FBI makes STUNNING announcement

Quick Read

Minnesota's Attorney General, Keith Ellison, details the FBI's unprecedented move to block state investigators in a fatal shooting case and outlines his office's aggressive legal strategy and policy demands for federal law enforcement reform.
The FBI's refusal to share evidence in the Alex Prey shooting is 'unprecedented' and perceived as a cover-up attempt by Minnesota AG Keith Ellison.
Minnesota's Attorney General's office will pursue legal action to compel evidence disclosure and ensure accountability for the ICE agent.
Ellison proposes federal reforms: mandatory state involvement in joint investigations, ending racial profiling exceptions, and standard police protocols (body cams, de-escalation) for federal agents.

Summary

Minnesota Attorney General Keith Ellison discusses the FBI's "unprecedented" decision to deny state investigators (BCA) access to evidence in the shooting death of Alex Prey by an ICE agent. Ellison frames this as a potential cover-up attempt and asserts that his office, alongside the Hennepin County Attorney's Office, will pursue legal action to obtain the evidence and ensure justice. He explains that while evidence destruction would be detrimental, it isn't fatal to a case, but a complete file is essential for securing a conviction. Ellison also proposes specific conditions for future DHS funding, including mandatory state involvement in investigations with state interests, eliminating the Kavanaugh exception to racial profiling, and enforcing standard police protocols (body cams, de-escalation training) for federal agents like ICE. He clarifies two types of qualified immunity—civil and criminal—and emphasizes that neither provides absolute protection for misconduct, asserting that federal agents must face accountability when they deviate from their duties. Ellison highlights the extensive collaboration among state Attorneys General on various issues, including federal accountability.
This episode exposes a significant conflict between federal and state law enforcement over transparency and accountability in cases of alleged misconduct by federal agents. It highlights the legal mechanisms states can employ to challenge federal obstruction and pushes for critical reforms in federal policing, particularly concerning ICE operations and the controversial doctrine of qualified immunity. The discussion underscores the importance of inter-agency cooperation and independent oversight to maintain public trust and ensure justice, impacting how future incidents involving federal agents are investigated and prosecuted nationwide.

Takeaways

  • The FBI has formally denied Minnesota state investigators (BCA) access to evidence related to the fatal shooting of Alex Prey by an ICE agent.
  • Minnesota Attorney General Keith Ellison views the FBI's action as unprecedented, unusual, and suggestive of a cover-up.
  • Ellison's office and the Hennepin County Attorney's Office are committed to pursuing legal avenues, including court action, to obtain the evidence and ensure justice.
  • While existing evidence may allow for charges, a complete file is crucial for securing a conviction, making the FBI's obstruction a significant challenge.
  • Key conditions proposed for DHS funding include a rule for state involvement in joint prosecutions/independent investigations where state interests exist.
  • Ellison advocates for eliminating the Kavanaugh exception to racial profiling and implementing standard police protocols (body cams, identification, de-escalation training) for federal agents like ICE.
  • Qualified immunity, both civil and criminal, protects public employees when acting within their duties but does not shield them from liability for misconduct or actions outside necessary and proper job performance.
  • State Attorneys General maintain high levels of coordination, meeting frequently to discuss and strategize on issues ranging from federal accountability to consumer protection and civil rights.

Insights

1FBI's Unprecedented Obstruction in Alex Prey Case

The FBI formally notified Minnesota's state investigators (BCA) that it would not provide access to information or evidence collected regarding the shooting death of Alex Prey by an ICE agent. Minnesota Attorney General Keith Ellison characterized this action as 'unprecedented,' 'unusual,' and suggestive of a cover-up, noting that joint federal-state investigations are routine.

Ellison states, 'this is unprecedented. We are quite quite prepared and have been working with federal law enforcement for literally decades. It is routine for us to work together on the file together at the same time. And so for them to take this position is novel. It's new. And it raises serious questions around what do you plan on doing?'

2Minnesota AG's Commitment to Legal Action and Justice

Despite the FBI's obstruction, the Minnesota Attorney General's Office and the Hennepin County Attorney's Office are committed to pursuing the truth and justice. Ellison indicated that legal action, including taking the FBI to court, is a viable next step, though he refrained from detailing specific strategies to avoid telegraphing their moves.

Ellison asserts, 'we're not going to stand for it. And then and we and I'm and I'm want you to know and anybody listening your show, there's no way that the Minnesota Attorney General's Office and the Hip County Attorney's Office is going to let this go. We're going to get to the truth and get justice flat out.' He also mentions, 'we can we can take him to court. That's that's lawfully. That's a that's something we can do.'

3Importance of Comprehensive Evidence for Conviction

While existing evidence might establish probable cause for charges, the Attorney General emphasizes that a full, complete file is essential for securing a conviction. Withholding evidence allows defense counsel to 'poke holes' in the case, potentially jeopardizing a just outcome.

Ellison explains, 'charging a case and actually getting a conviction is two different things. And if you charge a case out based on the probable cause that you have now, you may find out later on that there are things that you wish you would have known.' He adds, 'not having the file leaves the door open for defense council to be like, well, they didn't have this, they didn't have that. and kind of just poke the poke holes in the case.'

4Proposed Reforms for Federal Law Enforcement Accountability

Ellison outlines three key conditions for future DHS funding to address issues with federal agencies like ICE: 1) A rule mandating state involvement in joint prosecutions and independent investigations when a state interest exists. 2) Elimination of the Kavanaugh exception to racial profiling. 3) Implementation of normal police protocols for federal agents, including body cameras, clear identification, and comprehensive training in de-escalation and racial profiling.

Ellison lists: 'Number one, a rule in place that where there is a state interest, the state will be involved in a joint prosecution and an independent investigation.' 'Number two, eliminate the Kavanaaugh exception to racial profiling.' 'Number three, there must be normal police protocols on people who say they're police. So, ICE runs around with police on written all over. Well, that means no mass, that means uh body cams, that means identification name plates, numbers. That means uh that you have not 47 days of training but real training on including deescalation, racial profiling and all the rest.'

5Clarification of Qualified Immunity's Scope and Limitations

Ellison distinguishes between two forms of qualified immunity: one for civil liability (derived from case law like Fitzgerald v. Harlow) and another for state criminal prosecution (premised on the Supremacy Clause). He clarifies that while these immunities offer protection for federal employees acting within their duties, they do not shield individuals from accountability for actions that are not 'necessary and proper' for job performance, such as intentional misconduct.

Ellison states, 'if you are a federal agent doing your job and doing what is necessary and proper in the performance of your job, you have an immunity from state criminal prosecution.' He then contrasts this with scenarios like 'you see somebody who you don't like because of their race and you decide to use that state vehicle, that federal vehicle to run them down? That's not necessary and proper to do your job.' He concludes, 'just because these immunities are in place does not mean that these folks are going to escape responsibility and legal liability.'

Lessons

  • Advocate for legislative changes that mandate state involvement in investigations of federal agent misconduct, especially when state interests are present.
  • Support efforts to reform or eliminate qualified immunity doctrines that shield federal agents from civil and criminal liability for actions outside the scope of 'necessary and proper' job performance.
  • Push for standardized police protocols, including body cameras, clear identification, and extensive de-escalation training, for all federal law enforcement agencies like ICE.
  • Engage with state Attorneys General offices and civil rights organizations to support their coordinated efforts in holding federal agencies accountable and ensuring due process for individuals.
  • Stay informed about ongoing legal challenges and policy debates concerning federal law enforcement oversight and accountability, particularly regarding immigration enforcement.

Quotes

"

"It's unusual. It's weird. And it feels like they're trying to cover something up. That's what it feels like to me."

Keith Ellison
"

"There's no way that the Minnesota Attorney General's Office and the Hip County Attorney's Office is going to let this go. We're going to get to the truth and get justice flat out."

Keith Ellison
"

"We cannot operate on the urgency of the moment. We've got to be looking at the conviction if that's where we end up."

Keith Ellison
"

"ICE and border are totally out of control. They are totally out of control."

Keith Ellison
"

"Just because these immunities are in place does not mean that these folks are going to escape responsibility and legal liability."

Keith Ellison

Q&A

Recent Questions

Related Episodes

Lemon LIVE at 5 | Is The FBI & Trump Administration Covering Up For The ICE Shooter?!
The Don Lemon ShowJan 8, 2026

Lemon LIVE at 5 | Is The FBI & Trump Administration Covering Up For The ICE Shooter?!

"Don Lemon and his guests dissect a controversial ICE shooting, alleging a Trump administration cover-up and highlighting a systemic failure in police accountability and due process."

ICE shootingTrump administrationCover-up+1
Black Woman Killed in ICE Pursuit. Newsom “Can’t Read” Remark. Tariff Repayment Push. TPS Fight
Roland Martin UnfilteredMar 1, 2026

Black Woman Killed in ICE Pursuit. Newsom “Can’t Read” Remark. Tariff Repayment Push. TPS Fight

"This episode dissects multiple critical events, from the tragic deaths during an ICE pursuit and a police shooting, to debunking a viral controversy around Governor Gavin Newsom's remarks, and honoring Reverend Jesse Jackson's enduring legacy in economic and media justice."

Gavin NewsomDyslexiaReverend Jesse Jackson
LIVE: Dems Hold MAJOR PRESSER on Trump’s ICE ATTACKS
The Intersection with Michael PopokFeb 3, 2026

LIVE: Dems Hold MAJOR PRESSER on Trump’s ICE ATTACKS

"Democratic lawmakers and legal experts introduce the ICE and CBP Constitutional Accountability Act to allow civil lawsuits against federal agents for alleged civil rights violations, citing numerous instances of abuse and lawlessness."

Civil RightsImmigration EnforcementPolice Accountability+2
Chicago Mayor Brandon Johnson Directs Local Police to Investigate "Rogue, Reckless" ICE Agents
Democracy NowFeb 3, 2026

Chicago Mayor Brandon Johnson Directs Local Police to Investigate "Rogue, Reckless" ICE Agents

"Chicago Mayor Brandon Johnson signed an executive order directing local law enforcement to investigate and document alleged illegal activities by federal immigration agents, aiming to create a national model for accountability against perceived federal overreach."

Immigration EnforcementLocal GovernmentFederal Overreach+2