Exodus of Minnesota Prosecutors Leads to Dropped Cases

Turmoil in U.S. Attorney's Office results in some defendants avoiding accountability

Published on Feb. 24, 2026

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The federal prosecutor's office in Minnesota has been gutted by a wave of career officials resigning or retiring over objections to Trump administration directives. As a result, some defendants like 12-time convicted felon Cory Allen McKay have had their cases dropped, raising concerns about public safety.

Why it matters

The exodus of experienced prosecutors has greatly weakened the U.S. Attorney's Office in Minnesota, forcing them to dismiss some cases, delay others, and seek plea agreements. This has allowed dangerous offenders like McKay to avoid accountability, worrying local officials about the office's ability to bring charges against the state's most serious criminals.

The details

With a three-decade record of violent crime, McKay was scheduled to stand trial on methamphetamine trafficking charges that could have locked him up for 25 years. However, the prosecutor on his case retired, leading the office to abruptly drop the charges so McKay could be released. Other cases, including a man arrested with 7,600 fentanyl pills and 15 pounds of cocaine, have also been dismissed due to the staffing crisis.

  • In 2024, FedEx employees in Fargo, North Dakota discovered a package containing nearly 10 pounds of highly pure meth addressed to McKay.
  • In May 2025, a federal grand jury returned an indictment charging McKay with two methamphetamine distribution charges.
  • Last month, the U.S. Attorney's Office noted that the prosecutor on McKay's case, Thomas Hollenhorst, was 'retiring unexpectedly' and asked for a delay.
  • Days later, the office dropped the case against McKay, leading to his immediate release on January 31, 2026.

The players

Cory Allen McKay

A 12-time convicted felon with a three-decade record of violent crime, including strangling a pregnant woman and firing a shotgun under a person's chin.

Thomas Hollenhorst

A longtime assistant U.S. Attorney who argued that McKay was too dangerous to be released before trial, but retired unexpectedly.

Daniel Rosen

The Trump appointee leading the U.S. Attorney's Office in Minnesota.

Jean Brandl

The lawyer representing McKay, who was surprised by the abrupt dismissal of the charges against her client.

Mark Empting

The Clay County Sheriff, who said McKay would present 'a big public safety concern' if he returns to Moorhead.

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What they’re saying

“This was completely surprising to me. While I haven't been able to reach him, I can guarantee you he's happy about it.”

— Jean Brandl, McKay's lawyer

“With everybody leaving there, it's presenting some challenges for everyone around the state. Hopefully they are going to rebuild the office and take these cases on again.”

— Mark Empting, Clay County Sheriff

What’s next

The judge in McKay's case will decide on Tuesday whether to allow him to remain free on bail.

The takeaway

The exodus of experienced prosecutors from the U.S. Attorney's Office in Minnesota has led to the dismissal of cases against dangerous offenders, raising concerns about public safety and the office's ability to hold criminals accountable. This highlights the broader impact of political pressure and the politicization of the justice system.