In the past, one thing that Democrats and Republicans could always agree on is that “cooperating with law enforcement” is a good thing. As near as I can tell at this stage, that’s what the Walz Administration and Minnesota Attorney General Keith Ellison did when they learned of Covid relief funding being misused.
As an aside, this is much more than I can say about Republicans like gubernatorial candidate Scott Jensen who apparently has absolutely no problem with Governor Ron Desantis (R-FL) using millions of dollars Covid relief funds to shamelessly abuse vulnerable asylum-seekers for political purposes. The Washington Post reports:
“Florida Gov. Ron DeSantis (R) appears to have turned to an unexpected funding source to help pay for his plans to fly migrants to liberal-leaning communities: the interest earned on his state’s federal coronavirus aid.
A little-noticed part of Florida’s recent budget dedicated about $12 million to the relocation campaign, an escalating effort that saw the state send two planes filled with dozens of migrants — children included — to Martha’s Vineyard, Mass., on Wednesday.
When Republicans learned about DeSantis’s fraudulent use of Covid funds, they not only didn’t notify the FBI, they cheered on Desantis.
But I digress. Let’s recap the basics of what seems to have happened in the Minnesota case. When the Walz-appointed education officials suspected misuse of funds, they reported it to the FBI. They cooperated with law enforcement.
When the FBI reportedly asked the state education officials to not tip off the investigation by cutting off funds, the Walz education appointees and Minnesota Attorney General Keith Ellison’s staff again cooperated with law enforcement. Pioneer Press:
“’The FBI repeatedly made it clear to the Attorney General’s Office and MDE that it should not disclose the existence of the investigation in Feeding Our Future’s state court lawsuit so that it could proceed without tipping off Feeding Our Future and the target of the investigation,’ Ellison’s office said Monday.”
(Note: At this point, the FBI can’t publicly verify that they asked the state officials to not cut off funding. As we’ve seen in dozens of cases over the years, the FBI won’t comment on an ongoing investigation. Still, there is no reason to believe that all of these state officials are lying, knowing full well that the FBI could eventually expose them as liars.)
Likewise, when the judge reportedly said that cutting off funds during the investigation could be a problem for the investigation, the education officials didn’t create such a problem for law enforcement. The Pioneer Press’s Dave Orrick explains:
Judge John Guthmann never ordered the state to make payments, according to the court record and Guthmann himself. However, he did, in at least one court hearing held over Zoom, tell an attorney for the state that they could have a “problem” if they didn’t keep making payments.
Why would the FBI not want the Walz Administration to immediately cut off funding? That’s a very fair question. But there is a perfectly reasonable answer. Former federal prosecutor and current University of St. Thomas law professor Mark Osler explains:
“Think about a drug network,” Osler, who prosecuted cocaine rings in Detroit, said in an interview with the Pioneer Press. “Often, if we want to take down an entire drug network, you have to wait. It’s better to take it down with the whole story known and the key players identified. … I think pretty much anyone who’s worked in law enforcement at a higher level will say that fast isn’t always good and sometimes you do need to hold.”
And yes, Osler said, speaking generally and with no direct knowledge of the Feeding Our Future investigation, that can included allowing money to keep going out the door to suspected criminals. “A lot of the time, that’s done with the confidence of trying to get the money back later, and they’ve begun that process,” he said.
Indeed, federal authorities have said that of at least $250 million they’ve alleged to have been stolen, they’ve recovered some $50 million.
Despite all of this, Walz’s increasingly desperate gubernatorial opponent Scott Jensen, who is consistently trailing the polls, wants to convince Minnesotans that this is the equivalent of the Teapot Dome scandal or, like, you know, “BENGHAZI!” or “HER EMAILS!”
But to me it looks like, yawn, Walz’s education appointees “cooperating with law enforcement” to do what they were told to do in order to prosecute some pretty extensive fraud that they initially uncovered.
As such, the Walz Administration deserve praise, not punishment.
Another article about this in the Star Tribune today with some good insight:
“Former Ramsey County Attorney Susan Gaertner, who isn’t involved in the case, read through the transcript of the April 2021 hearing between Feeding Our Future and MDE and said it’s a complicated case.
“The bottom line is that Judge Guthmann did not order them to continue payments. At the same time, it is understandable why the Department of Education felt like they had to continue paying,” Gaertner said. “A fair reading of the federal regulations seemed to require it, and more importantly, though, they had to feel constrained to not in any way interfere with the FBI investigation.”
“They would have been under tremendous pressure to not do anything that might alert the organization to the fact that they were being investigated [by the FBI],” Gaertner said. “It’s very easy to say after the fact that the Department of Education should have stopped making payments. But at that point, based on the dynamics of the FBI investigation, the pretty clear reading of the federal regulations, the very aggressive legal posture taken by Feeding Our Future, I don’t know that they had any choice.”
https://www.startribune.com/question-over-judges-words-leads-to-finger-pointing-in-food-fraud-scandal/600210801/