Three years after the FBI raided the homes of prominent Twin Cities antiwar activists, no one has been indicted and the search warrants remain sealed.
Two of the protest leaders are challenging that secrecy in federal court in Minneapolis. They have been pressing to have U.S. Magistrate Judge Steven Rau issue an order to make their warrants public.
The Star Tribune joined the legal fray this week, filing a motion that asks the judge to unseal the warrants and supporting documents unless he is satisfied the government can show it is not violating the First Amendment and legal precedents. On Friday, Rau granted the newspaper's request to intervene in the case.
The dispute over the sealed warrants was first aired by the activists at a hearing last fall. Rau gave Assistant U.S. Attorney Andrew Winter 120 days — until Feb. 28 — to produce documents showing that the investigation is continuing as well as "documents explaining what has been happening in the investigation" since the warrants were issued.
Rau said the documents could be provided "in camera," meaning not public.
In court, Winter left open the possibility the matter could be resolved within 120 days.
Bruce Nestor, attorney for activists Mick Kelly and Jessica Sundin, said he was hopeful it meant the government will not issue indictments, but said it could also indicate they will.
5 Minneapolis homes raided
On Sept. 24, 2010, FBI agents raided the Minneapolis homes of five antiwar activists and leaders as part of what was called a probe of "activities concerning the material support of terrorism." The Minneapolis office of the Anti-War Committee, a sponsor of many of the protests in the Twin Cities, was also raided.
