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How a defendant in Minnesota went free because of Justice Department turmoil

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How a defendant in Minnesota went free because of Justice Department turmoil
News

News

How a defendant in Minnesota went free because of Justice Department turmoil

2026-02-20 00:44 Last Updated At:00:50

MINNEAPOLIS (AP) — The federal prosecutor’s office in Minnesota has been gutted by a wave of career officials resigning or retiring over objections to Trump administration directives. Because of the turmoil, 12-time convicted felon Cory Allen McKay caught a break.

With a three-decade record of violent crime that includes strangling a pregnant woman and firing a shotgun under a person's chin, McKay was scheduled to stand trial next month on methamphetamine trafficking charges that could have locked him up for 25 years. Instead, he walked free after the prosecutor on his case retired.

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Police in Moorhead, Minn., display nearly 10 pounds of highly pure methamphetamine that investigators say they seized from the apartment of Cory Allen McKay on June 12, 2024. (Moorhead Police Department via AP)

Police in Moorhead, Minn., display nearly 10 pounds of highly pure methamphetamine that investigators say they seized from the apartment of Cory Allen McKay on June 12, 2024. (Moorhead Police Department via AP)

FILE - Flowers and photos are left at a memorial site for Renee Good on Saturday, Jan. 31, 2026, in Minneapolis. (AP Photo/Alex Brandon, File)

FILE - Flowers and photos are left at a memorial site for Renee Good on Saturday, Jan. 31, 2026, in Minneapolis. (AP Photo/Alex Brandon, File)

This 2024 booking photo provided by the Clay County Sheriff’s Office in Moorhead, Minn., shows Cory Allen McKay, who has several felony convictions for violent offenses. (Clay County Sheriff’s Office via AP)

This 2024 booking photo provided by the Clay County Sheriff’s Office in Moorhead, Minn., shows Cory Allen McKay, who has several felony convictions for violent offenses. (Clay County Sheriff’s Office via AP)

FILE - Assistant U.S. Attorney Joe Thompson, center, answers questions during a news conference at the Minneapolis federal courthouse, Wednesday, March 19, 2025, after a jury found the alleged ringleader of a massive pandemic fraud case guilty on all counts. (Kerem Yücel/Minnesota Public Radio via AP, File)

FILE - Assistant U.S. Attorney Joe Thompson, center, answers questions during a news conference at the Minneapolis federal courthouse, Wednesday, March 19, 2025, after a jury found the alleged ringleader of a massive pandemic fraud case guilty on all counts. (Kerem Yücel/Minnesota Public Radio via AP, File)

The Trump administration says its aggressive immigration enforcement in Minnesota has improved public safety. Left in its wake, though, is a greatly weakened U.S. attorney’s office, where many prosecutors resented the way President Donald Trump’s political appointees at the Justice Department managed them.

Offices in other states, from New York to Virginia, have also been affected by resignations as prosecutors object to what they see as the politicization of decision-making under Trump. But Minnesota has been hit especially hard.

A growing number of defendants are beginning to escape accountability, as the remaining prosecutors are forced to dismiss some cases, kill others before charges are filed and seek plea agreements and delays.

Local officials worry the office will be unable, at least temporarily, to bring charges against some of the state’s most serious offenders.

“The result will be a diminished ability to target dangerous fraudsters, sexual predators, violent gangs and drug traffickers,” said John Marti, a Minneapolis lawyer who was a longtime fraud prosecutor in the office until 2015.

After asking for a delay to find someone to take McKay’s case, the office led by Trump appointee Daniel Rosen dropped it so abruptly McKay's lawyer didn’t learn about the move until after her client had been released.

“This was completely surprising to me,” said McKay’s lawyer, Jean Brandl. While she hasn’t been able to reach him, “I can guarantee you he’s happy about it.”

Over the past year, the number of assistant U.S. attorneys in Minnesota has fallen from more than 40 prosecutors before Trump retook office to fewer than two dozen. That's according to a former federal prosecutor who wasn’t authorized to discuss personnel matters and spoke to The Associated Press on condition of anonymity.

The exodus began last year as several prosecutors “saw the writing on the wall” that their jobs — and the government’s definition of justice — were going to be different under the new administration, the former federal prosecutor said.

It accelerated after Trump appointees in the Justice Department intervened to block a joint state-federal investigation into the Jan. 7 fatal shooting of Renee Good by U.S. Immigration and Customs Enforcement officer Jonathan Ross. While Trump officials called Good a “domestic terrorist” and argued Ross fired in self-defense, some in the office viewed the killing as a potential murder.

Career prosecutors also objected to directives that they divert much of their resources to immigration cases, and they chafed at repeated violations of court orders by ICE that angered judges.

“They could not in good conscience participate in what they have seen,” according to a letter released last week by eight former permanent or acting U.S. attorneys in Minnesota.

On Wednesday, a federal judge in Minnesota took the rare step of finding a DOJ lawyer in contempt of court over the government’s failure to comply with an order to return identification documents to an immigrant who challenged his detention.

Among the many who left last month were the office’s former acting leader, Joe Thompson, and its criminal division chief Harry Jacobs. Thompson was a Justice Department veteran known for high-profile fraud investigations. He and Jacobs had helped uncover the $300 million Feeding Our Future scheme in which more than 75 defendants have been charged with defrauding a COVID-19-era child nutrition program.

Each time an experienced attorney leaves, leaders assess that prosecutor’s caseload and make decisions about how many of their cases can be reassigned to remaining staff and which will be dropped due to diminished resources.

Court records show the office has been operating in crisis mode, bringing in prosecutors from other states, asking judges to delay hearings, and trying to make some cases go away through dismissals and plea agreements. Defense lawyers are seeking to capitalize by demanding speedy trials for clients and filing other motions that require responses from prosecutors.

The Justice Department and the U.S. attorney’s office did not respond to requests for comment. The office's former spokesperson, prosecutor Melinda Williams, was among those who left.

McKay, 47, isn’t the only drug trafficking defendant to benefit.

The office last month also dropped a case against a man who was arrested in September after investigators said they found him in possession of a stash of drugs set to be trafficked in the Twin Cities that included 7,600 fentanyl pills and 15 pounds of cocaine.

A third dismissed case involved a man who was charged with conspiracy to distribute methamphetamine after police in Rochester found three pounds of the drug in a search of his vehicle in January 2025.

“With everybody leaving there, it’s presenting some challenges for everyone around the state,” said Clay County Sheriff Mark Empting, who said McKay would present “a big public safety concern” if he returns to Moorhead.

The case against McKay dated to 2024, when FedEx employees in Fargo, North Dakota, discovered a package containing nearly 10 pounds of highly pure meth arriving from California and addressed to McKay. Police estimated the street value at $80,000.

A detective posing as a FedEx employee delivered the package to McKay, who was arrested. Investigators say they searched cellphones, and found text messages linking McKay to other suspected drug traffickers in Minnesota, California, Chicago and Mexico.

McKay was jailed for nearly a year awaiting trial on state charges, before a federal grand jury returned an indictment in May 2025 charging him with two methamphetamine distribution charges. The indictment included a sentencing enhancement because he had more than two prior violent felonies.

Those include aggravated assault in 2013, domestic assault by strangulation in 2017 and assault causing substantial bodily harm in 2021. Prosecutors said he had at least a dozen felony convictions, dating to when he was 16 and fired a short-barreled shotgun under the chin of a victim.

Longtime assistant U.S. Attorney Thomas Hollenhorst argued last summer that McKay was too dangerous to be released before trial, even to a substance abuse program, saying his history of violence would “put countless people at risk.”

A judge agreed, noting McKay had repeatedly failed to show up for court proceedings, given police false names and had his probation revoked for violations.

But last month, the U.S. attorney’s Office noted that Hollenhorst was “retiring unexpectedly” and asked for a delay. A judge moved the trial date from Feb. 12 to March 2. The office still dropped the case days later in a filing that offered no explanation. A judge ordered McKay’s immediate release. Hollenhorst declined comment.

On Jan. 31, McKay walked out of the Sherburne County Jail in Elk River, 30 miles outside Minneapolis. Attempts by AP to reach him were unsuccessful.

Brandl, McKay's lawyer, said that while the outcome was a victory for her client, Hollenhorst’s retirement after 40 years with the Justice Department was “a huge loss.”

“He was a very good prosecutor,” she said. “He was reasonable and saw our clients as human beings, not just numbers.”

Foley reported from Iowa City, Iowa.

Police in Moorhead, Minn., display nearly 10 pounds of highly pure methamphetamine that investigators say they seized from the apartment of Cory Allen McKay on June 12, 2024. (Moorhead Police Department via AP)

Police in Moorhead, Minn., display nearly 10 pounds of highly pure methamphetamine that investigators say they seized from the apartment of Cory Allen McKay on June 12, 2024. (Moorhead Police Department via AP)

FILE - Flowers and photos are left at a memorial site for Renee Good on Saturday, Jan. 31, 2026, in Minneapolis. (AP Photo/Alex Brandon, File)

FILE - Flowers and photos are left at a memorial site for Renee Good on Saturday, Jan. 31, 2026, in Minneapolis. (AP Photo/Alex Brandon, File)

This 2024 booking photo provided by the Clay County Sheriff’s Office in Moorhead, Minn., shows Cory Allen McKay, who has several felony convictions for violent offenses. (Clay County Sheriff’s Office via AP)

This 2024 booking photo provided by the Clay County Sheriff’s Office in Moorhead, Minn., shows Cory Allen McKay, who has several felony convictions for violent offenses. (Clay County Sheriff’s Office via AP)

FILE - Assistant U.S. Attorney Joe Thompson, center, answers questions during a news conference at the Minneapolis federal courthouse, Wednesday, March 19, 2025, after a jury found the alleged ringleader of a massive pandemic fraud case guilty on all counts. (Kerem Yücel/Minnesota Public Radio via AP, File)

FILE - Assistant U.S. Attorney Joe Thompson, center, answers questions during a news conference at the Minneapolis federal courthouse, Wednesday, March 19, 2025, after a jury found the alleged ringleader of a massive pandemic fraud case guilty on all counts. (Kerem Yücel/Minnesota Public Radio via AP, File)

ROME (AP) — Pope Leo XIV will visit ground zero of Europe’s migration drama, the Sicilian island of Lampedusa, in May and also minister to Italians poisoned by years of toxic dumping by the mafia, according to travel plans announced on Thursday by the Vatican.

The Vatican released Leo's agenda for day trips to a half-dozen Italian cities over the next six months, including a visit to the tomb of St. Augustine, the inspiration of his religious order. The Vatican has rarely released such plans together and so far in advance, but word of the visits was starting to filter out.

The busy itinerary, which will take Leo up and down the Italian peninsula, is in addition to plans for some intense foreign travel in 2026. There are plans under study for a four-nation trip to Africa after Easter that would take Leo to Algeria, Equatorial Guinea, Angola and Cameroon. Leo himself has said he hopes to visit his beloved Peru, as well as Argentina and Uruguay, trips that could happen toward the end of the year.

The Vatican previously confirmed that one foreign trip not on the agenda this year is to Leo’s native United States.

History’s first U.S.-born pope was limited in his ability to leave Rome during his first year as pontiff because of the busy 2025 Holy Year agenda, which saw millions of pilgrims coming to the Vatican for special Masses and papal audiences.

With the Jubilee behind him, Leo can now get out of town more easily: He has begun a series of parish visits within his Roman diocese each Sunday throughout Lent, the period leading up to Easter.

And the Italy itinerary announced Thursday will take Leo near and far as he gets to know the Italian church and faithful better.

The travels begin on May 8 with a visit to Naples and the nearby ancient city of Pompeii. He’ll return to the region later that month, on May 23, to meet with the faithful of Acerra. The area is known as the “Land of Fires,” for the years of toxic-waste dumping by the local mafia that has led to increased rates of cancer and other ailments for its residents.

Leo will go north to Pavia, near Milan, on June 20. The tomb of St. Augustine is located in a Pavia basilica, suggesting the visit will be of great personal importance to a pope who has described himself as a son of the 5th century saint.

On July 4, he travels to Lampedusa, an Italian island that is closer to Africa than the Italian mainland. Pope Francis had made Lampedusa his first trip outside Rome after his 2013 election to show solidarity with migrants who landed there after being smuggled from north Africa.

Francis famously celebrated Mass on the island on an altar made of shipwrecked migrant boats and denounced the "globalization of indifference” that greets migrants who risk their lives trying to reach Europe — a mantra that would come to define his papacy.

On Aug. 6 Leo will visit the Umbrian hilltop town of Assisi, which this year is celebrating the 800th anniversary of the death of its most famous resident, St. Francis. And later that month, Aug. 22, Leo will take part in an annual Italian political and religious conference in the Adriatic seaside resort of Rimini.

Leo, who was born in Chicago and spent two decades as a missionary in Peru, has said he loves to travel. He spent many years on the road when he served two, six-year terms as the superior of his Augustinian religious order, which required him to visit Augustinian communities around the world.

Associated Press religion coverage receives support through the AP’s collaboration with The Conversation US, with funding from Lilly Endowment Inc. The AP is solely responsible for this content.

Pope Leo XIV blesses the ashes during Ash Wednesday Mass, marking the start of Catholic Lent, inside the Basilica of Santa Sabina in Rome, Wednesday, Feb. 18, 2026. (AP Photo/Gregorio Borgia)

Pope Leo XIV blesses the ashes during Ash Wednesday Mass, marking the start of Catholic Lent, inside the Basilica of Santa Sabina in Rome, Wednesday, Feb. 18, 2026. (AP Photo/Gregorio Borgia)

Pope Leo XIV, left, arrives, with bishops and cardinals in a penitential procession marking the start of the Catholic Lent, at the Basilica of Santa Sabina in Rome, Wednesday, Feb. 18, 2026, where he will preside over Ash Wednesday Mass. (AP Photo/Riccardo De Luca)

Pope Leo XIV, left, arrives, with bishops and cardinals in a penitential procession marking the start of the Catholic Lent, at the Basilica of Santa Sabina in Rome, Wednesday, Feb. 18, 2026, where he will preside over Ash Wednesday Mass. (AP Photo/Riccardo De Luca)

Pope Leo XIV arrives in a penitential procession marking the start of the Catholic Lent, at the Basilica of Santa Sabina in Rome, Wednesday, Feb. 18, 2026, where he will preside over Ash Wednesday Mass. (AP Photo/Riccardo De Luca)

Pope Leo XIV arrives in a penitential procession marking the start of the Catholic Lent, at the Basilica of Santa Sabina in Rome, Wednesday, Feb. 18, 2026, where he will preside over Ash Wednesday Mass. (AP Photo/Riccardo De Luca)

Pope Leo XIV arrives in St. Peter's Square at the Vatican for his open-air weekly general audience, Wednesday, Feb. 18, 2026. (AP Photo/Gregorio Borgia)

Pope Leo XIV arrives in St. Peter's Square at the Vatican for his open-air weekly general audience, Wednesday, Feb. 18, 2026. (AP Photo/Gregorio Borgia)

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