Federal prosecutors argued former state Sen. Justin Eichorn does not have “immunity” for criminal conduct as a lawmaker and asked a judge to reject his claims of selective prosecution over his arrest in a sex sting operation.
In a court filing entered Friday, the U.S. Attorney’s Office for the District of Minnesota petitioned a judge to deny Eichorn’s request to dismiss his indictment and rebuffed his assertions that he was prosecuted by the federal government over his First Amendment right to hold office.
“Eichorn was not charged because he held public office,” the U.S. Attorney’s Office said, noting that some others arrested in the sting also saw their cases brought to federal court. “He was charged because, just like the three other people apprehended in this sting who now face federal charges ... Eichorn tried to buy sex from a child.”
Prosecutors noted the government, however, is not required to ignore a defendant’s public role when making a charging decision.
Eichorn, 41, of Grand Rapids, was initially charged in Hennepin County District Court following his arrest in a parking lot March 17 on suspicion of meeting a 17-year-old girl for sex. His case and two other defendants’ were also charged in federal court, where he could face 10 years in prison.
Eichorn’s attorneys pointed to the wide differences in sentencing ranges in state versus federal court in their prior argument to dismiss the indictment.
“This indictment should be dismissed because the government’s decision to charge Mr. Eichorn in the present indictment was vindictively motivated by personal animus against Mr. Eichorn because the state prosecution would not permit the government to procure a sentence it desired and deemed appropriate, and [the government] selectively prosecuted him because he exercised his First Amendment right to hold public office,” his attorneys wrote.
The U.S. Attorney’s Office in its filing said the argument that the case was brought up to expose Eichorn to a stiffer sentence “goes nowhere.”
