Members of law enforcement work the scene following a shooting by an ICE agent during federal law enforcement operations on Jan. 7, 2026, in Minneapolis, Minnesota. (Stephen Maturen/Getty Images)
It is common for the FBI and state and local agencies to pool resources to investigate crimes that could fall under all their jurisdictions, but Department of Homeland Security Secretary Kristi Noem said Thursday the federal government did not view the shooting as one of those cases.
"They have not been cut out; they don’t have any jurisdiction in this investigation," Noem said.
Noem framed the incident as an attack on a federal agent, a point Democratic Gov. Tim Walz criticized as a predetermined outcome to an ongoing probe. Democrats have widely condemned the shooting as murder and an improper use of lethal force, but Noem and others in the Trump administration disagreed.
"The officer feels as though his life was in jeopardy," Noem said. "[The vehicle] was used to perpetuate a violent act. This officer took action to protect himself and to protect other law enforcement officers."
The FBI declined to comment on the investigation.
Minnesota Attorney General Keith Ellison speaks on stage during the third day of the Democratic National Convention at the United Center on Aug. 21, 2024, in Chicago, Illinois. (Getty Images)
Blanche said in a statement Thursday that "following any officer-involved shooting, standard protocols ensure that evidence is collected and preserved."
Multiple sources also told Fox News Digital the federal government was skeptical of Minnesota’s desire to conduct a good-faith investigation. They cited remarks from state leaders, including Democratic Minneapolis Mayor Jacob Frey, who said that claims that the ICE agent acted in self-defense were "bull----."
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One retired agent who worked at the FBI for two decades told Fox News Digital in a recent interview about the Brown University shooting investigation, which initially was being conducted at the local level, that the bureau can take the reins of an investigation once it identifies a federal violation.
"It just comes down to what kind of crime it is," the retired agent said. "If they can't tie a federal nexus to it, the bureau doesn't have a dog in the fight."
Ashley Oliver is a reporter for Fox News Digital and FOX Business, covering the Justice Department and legal affairs. Email story tips to ashley.oliver@fox.com.
https://www.foxnews.com/politics/why-fbi-can-exclude-state-authorities-from-minnesota-probe