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Minnesota Federal Prosecutor’s Office Crippled by Resignations, Letting Criminal Cases Fall Through Cracks
The federal prosecutor’s office in Minnesota has been severely depleted by a wave of career officials resigning or retiring over objections to Trump administration directives, resulting in serious criminal cases being dismissed. Among those benefiting from the turmoil is Cory Allen McKay, a 12-time convicted felon who recently walked free after the prosecutor handling his methamphetamine trafficking case retired.
McKay, who has a three-decade record of violent crime including strangling a pregnant woman and firing a shotgun under a person’s chin, had faced charges that could have resulted in a 25-year prison sentence. Instead, his case was abruptly dropped, leaving even his defense attorney surprised by the development.
“This was completely surprising to me,” said McKay’s lawyer, Jean Brandl. “I can guarantee you he’s happy about it.”
The Minnesota office has seen its staff of assistant U.S. attorneys plummet from more than 40 prosecutors to fewer than two dozen over the past year, according to a former federal prosecutor who spoke on condition of anonymity. The exodus began as prosecutors anticipated changes to their jobs under the Trump administration and accelerated after Justice Department appointees intervened in a joint state-federal investigation into a fatal shooting by an Immigration and Customs Enforcement officer.
Career prosecutors also objected to directives requiring them to divert resources to immigration cases, and they were frustrated by ICE’s repeated violations of court orders that angered judges.
“They could not in good conscience participate in what they have seen,” stated a letter released by eight former permanent or acting U.S. attorneys in Minnesota.
The departures include high-profile officials like Joe Thompson, the office’s former acting leader, and criminal division chief Harry Jacobs, who helped uncover the $300 million Feeding Our Future scheme that resulted in charges against more than 75 defendants for defrauding a COVID-19-era child nutrition program.
With each departure, office leaders must assess how to redistribute cases, often resulting in dismissals due to diminished resources. Court records show the office operating in crisis mode, bringing in prosecutors from other states, requesting hearing delays, and attempting to resolve cases through dismissals and plea agreements.
Defense lawyers are capitalizing on the situation by demanding speedy trials and filing motions that require prosecutor responses, further straining the limited staff. The Justice Department and the U.S. Attorney’s Office did not respond to requests for comment.
McKay is just one of several drug trafficking defendants to benefit from the prosecutor shortage. In another case, charges were dropped against a man arrested in September with 7,600 fentanyl pills and 15 pounds of cocaine allegedly intended for distribution in the Twin Cities. A third dismissed case involved a man charged with conspiracy to distribute methamphetamine after police found three pounds of the drug in his vehicle.
“With everybody leaving there, it’s presenting some challenges for everyone around the state,” said Clay County Sheriff Mark Empting, who expressed concern about McKay’s potential return to Moorhead. “Hopefully they are going to rebuild the office and take these cases on again.”
McKay’s case stemmed from a 2024 incident when FedEx employees discovered a package containing nearly 10 pounds of highly pure methamphetamine addressed to him. A detective posing as a FedEx employee delivered the package, leading to McKay’s arrest. Investigators found text messages linking him to suspected drug traffickers across multiple states and Mexico.
After being jailed for nearly a year on state charges, McKay was indicted federally in May 2025 with sentencing enhancements due to his prior violent felony convictions. Longtime assistant U.S. Attorney Thomas Hollenhorst had successfully argued that McKay was too dangerous to be released before trial, but when Hollenhorst retired unexpectedly, the case collapsed.
Last month, McKay walked out of the Sherburne County Jail, a free man despite his extensive criminal history and the serious charges he faced.
Local officials worry the staff shortage will leave the office temporarily unable to prosecute some of Minnesota’s most dangerous offenders. As John Marti, a former longtime fraud prosecutor in the office, put it: “The result will be a diminished ability to target dangerous fraudsters, sexual predators, violent gangs and drug traffickers.”
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12 Comments
This raises serious questions about the integrity of the justice system in Minnesota. Letting a 12-time convicted felon with a history of violent crimes go free due to staffing issues is completely unacceptable and puts the public at risk.
I agree, this is a very troubling situation. The prosecutor’s office needs to find a way to maintain operations and ensure that dangerous criminals are held accountable, even in the face of personnel changes.
While it’s understandable that personnel changes can disrupt operations, letting dangerous repeat offenders go free is extremely troubling. The prosecutor’s office needs to find ways to maintain capacity and ensure continuity of cases, even in times of upheaval.
Absolutely. Criminals with violent histories should not be allowed to walk free, regardless of what is happening internally at the prosecutor’s office. Public safety must be the top priority.
This is a concerning example of how political turmoil can undermine the functioning of the justice system. The prosecutor’s office needs to find a way to maintain staffing levels and continuity of cases, even in challenging times.
You’re right, the public deserves a justice system that is insulated from political upheaval. Letting violent offenders go free due to administrative issues is a serious failure that must be addressed.
While it’s understandable that the Minnesota prosecutor’s office is facing staffing challenges, allowing a repeat violent offender to walk free is deeply troubling. The public’s safety should be the top priority, regardless of the office’s internal issues.
Agreed. The justice system must function effectively to protect the public, even in the face of administrative challenges. This case highlights the need for robust contingency planning to ensure continuity of operations.
This is a concerning development if it’s true that cases are being dropped due to staff shortages at the Minnesota Federal Prosecutor’s Office. It’s critical that the justice system functions effectively to hold criminals accountable, regardless of political turmoil.
I agree, justice should not be compromised due to administrative challenges. The public deserves a fully functional justice system that prioritizes public safety.
This is a very concerning situation. The justice system should not be compromised due to personnel changes or political turmoil. The prosecutor’s office needs to find ways to maintain capacity and ensure that dangerous criminals are held accountable.
Absolutely. The public deserves a justice system that is reliable and consistent, regardless of the circumstances. Letting violent repeat offenders go free is unacceptable and puts the community at risk.