Overview of Truth About Shooting in Minneapolis, and Shock Anti-ICE Network Details (The Megyn Kelly Show — Ep. 1238)
This episode centers on the January Minneapolis confrontation in which Border Patrol/ICE agents shot 37-year-old Alex Preddy during an attempted arrest amid large anti‑ICE protests. Megyn Kelly interviews on‑the‑ground reporter James O’Keefe and hosts a legal debate with Andrew Branca and former prosecutor Dave Ehrenberg. The show covers (1) what the available video shows, (2) claims about highly organized anti‑ICE/anti‑federal networks in Minneapolis (signal chats, spotters, autonomous-zone tactics), (3) political reactions and deployment decisions, and (4) competing legal interpretations of whether agents’ use of deadly force was justified.
Key topics covered
- The Minneapolis shooting of Alex Preddy during an ICE/Border Patrol operation.
- Video breakdowns (DropSite News, AFStreamWatch clips) and audio timeline: shouts of “gun,” followed seconds later by multiple rounds fired.
- On‑the‑ground reporting from James O’Keefe: protesters allegedly organized, aggressive, doing doxxing/spotting/hotel swarms and threats against press/federal agents.
- Conflicting official narratives: DHS/ICE initial characterizations, pushback from agents, Minnesota Gov. Tim Walz’s statements criticizing federal actions.
- Political responses: President Trump sending Tom Homan to Minnesota; talk of using National Guard, Insurrection Act, or withdrawing federal enforcement as political strategies.
- Legal issues: self‑defense standard, Graham v. Connor “objective reasonableness,” potential criminal and civil exposures for agents, and federal vs. state prosecution dynamics.
- Separate but related legal action: arrests (three made so far) and an affidavit alleging protesters violently disrupted a church service (FACE Act / conspiracy against rights claims).
What the video/audio evidence shows (as discussed)
- Multiple videos captured the confrontation: whistles, large crowd noise, agents struggling with Preddy after an earlier shoving incident and pepper spray deployment.
- An agent is heard yelling “gun” or “gun, gun” before shots are fired; there is a short span (reported ~2–3 seconds) between the shout(s) and the first gunfire.
- Agents recovered a 9mm handgun and additional magazines at or near the scene.
- Stabilized, slowed clips (AFStreamWatch) show an agent in a gray coat apparently grabbing something near Preddy’s waist at roughly the moment gunfire begins; camera angles partially obscured key moments.
- There are credible reports (cited on the show) that the recovered firearm model may have a history of alleged uncommanded discharges. That possibility is being investigated as one potential chain-of-events explanation (e.g., accidental discharge by an officer while seizing the gun → other officers believe a shot was fired → they return fire).
James O’Keefe’s on‑the‑ground reporting — main claims
- Protesters were highly organized: signal/Signal chats, spotters at corners, personnel inside hotels and other infrastructure.
- He and his team were aggressively confronted, followed, patted down, projectiles thrown (ice bricks, rocks), and received death threats that referenced their vehicle plate; he reported being threatened and briefly pursued out of hotels.
- O’Keefe says police presence was limited/absent in areas that had effectively become “no‑go” or autonomous zones for law enforcement.
- He described protesters treating journalists and perceived opponents as “feds,” conducting citizen‑style searches and confiscations.
Political context and reactions noted
- Gov. Tim Walz publicly condemned federal ICE/Border Patrol actions, called them brutal and called for removal of federal agents; his comments sparked strong pushback.
- President Trump announced sending Tom Homan to Minnesota and said he would coordinate with Governor Walz; later tweets reiterated federal support for locating criminals.
- Internal polling and national polls (cited on show) indicate many independents and a plurality of Americans think ICE tactics have “gone too far,” which the show argued has political implications for Republicans going into midterms.
- Megyn Kelly floated (rhetorically/tongue‑in‑cheek) strong federal countermeasures (pull ICE out, ship migrants to Minnesota, use Insurrection Act or National Guard) as political and tactical options.
Legal analysis — core arguments from the panel
- Legal standard (agreed point): Use of force by officers is judged under Graham v. Connor — “objective reasonableness” of the officer’s perception at the moment; prosecutors must disprove reasonableness beyond a reasonable doubt to secure criminal convictions.
- Andrew Branca (self‑defense law expert): argued the shooting can be legally justified. Key points:
- Officers heard “gun,” observed a suspect involved in a physical altercation and perceived an imminent deadly threat.
- An individual who places hands on a federal agent can be committing a federal offense; in that totality, officers’ split‑second decisions can be reasonable even if later information shows the suspect held a phone or was not actively firing.
- Multiple shots from several officers within seconds are not per se unlawful if the initial perception justified deadly force and the threat was not already neutralized.
- Dave Ehrenberg (former prosecutor): skeptical that the available footage establishes objective reasonableness for all shots fired. Key points:
- He questions whether felony assault on a federal agent was clearly established from the videos; he saw Preddy’s hands holding a phone and reacting after being pepper‑sprayed.
- Notes potential for prosecution — indictments are possible, but convictions are difficult; federal removal/immunity and venue issues complicate outcomes.
- Highlights the possibility that the firearm’s alleged uncommanded discharge and the officers’ subsequent reactions could form a complex factual issue for grand juries/trials.
- Procedural concerns:
- If state charges proceed, cases can be removed to federal court; federal defenses (supremacy, qualified immunity) and political choices by DOJ will influence prosecution or dismissal.
- No statute of limitations for murder could permit future state prosecutions even if federal actions occur now or officers receive pardons for federal liability.
Church protest affidavit / FACE Act claims (separate but related)
- The episode reviewed a DHS/ICE affidavit alleging that protesters violently disrupted a church service: obstructed exits, traumatized children, caused injury (one parishioner broke an arm), and threats of firearms.
- Magistrate judge initially denied warrants for several public figures but authorized warrants for three identified alleged leaders; DOJ pursued additional judicial remedies and a grand jury process is reportedly beginning.
- These FACE Act / conspiracy‑against‑rights allegations are presented as serious federal offenses with documented victim trauma in the affidavit.
Notable quotes and soundbites
- Megyn Kelly: characterized the organized agitators as “terrorists” and urged strong federal action.
- James O’Keefe: “They have spotters on most street corners…they patted me down like they were the authorities…they will kill press.”
- Andrew Branca: “The only person responsible for the death of Alex Preddy is Alex Preddy” (argument framed around Preddy’s actions initiating the sequence).
- Dave Ehrenberg: emphasized that the shooting “may be indictable” and stressed differences between proving probable cause vs. proof beyond a reasonable doubt.
What remains unresolved / caveats
- Multiple factual points remain under investigation: whether Preddy drew or brandished the weapon, whether the recovered gun fired uncommanded, which agent(s) fired first, and how many officers discharged weapons.
- Initial public statements (DHS, state officials) have been challenged by internal agent reports and news outlets; early narratives changed as more video and agent statements emerged.
- The media environment includes manipulated/AI‑altered videos; the hosts repeatedly urged listeners to rely on verified footage and official investigations.
- Legal outcomes hinge on DOJ/state prosecutorial decisions, grand jury findings, availability/turnover of federal evidence, and judicial rulings on immunity and removal.
Expected next steps / likely developments
- Federal and state investigations will continue; a grand jury process is reported to be starting for some related church protest matters.
- Tom Homan’s deployment to Minnesota (per President Trump) could change tactics/coordination between federal and state authorities.
- Possible further arrests related to the church disruptions and organized protest activities.
- For the Preddy shooting: forensic firearms examination (including trigger mechanics), witness interviews, and body‑cam or other footage reviews will be determinative.
Actionable takeaways for listeners/readers
- Treat early social media footage and claims with caution — wait for vetted, multiple‑angle verification.
- Key sources to watch for updates: DOJ/ICE official releases, local prosecutor announcements, verified videos from DropSite News / AFStreamWatch / reporters on the ground (O’Keefe, Cam Higby, Azra Nomani), and court filings (affidavits, warrants).
- Expect a politically charged environment: statements from elected officials and media narratives will shape public perceptions and may influence prosecutorial choices.
Sources / evidence cited on the episode
- On‑scene video from DropSite News; stabilized/slowed clips from AFStreamWatch.
- James O’Keefe’s on‑the‑ground reporting and social posts (including posted death‑threat screenshot).
- Affidavit filed by DHS/ICE Special Agent Timothy Gerber regarding the church disruption (summarized in the show).
- Statements and reporting from Fox News, NBC tracker, New York Post, Axios, Wall Street Journal; polling cited (New York Times, internal GOP polling via Axios).
- Panel legal references: Graham v. Connor (excessive force objective reasonableness standard).
Note: The episode mixes verified reporting, opinion, and political commentary. Several factual questions are still open; this summary reflects what the show presented and flagged as under investigation.