Defendant in Minnesota Goes Free Due to Justice Department Turmoil

Exodus of prosecutors from U.S. Attorney's Office leads to dismissal of high-profile drug trafficking case

Published on Feb. 25, 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, 12-time convicted felon Cory Allen McKay, who was facing 25 years in prison on methamphetamine trafficking charges, was released after the prosecutor on his case retired. The office has been operating in crisis mode, bringing in prosecutors from other states, asking judges to delay hearings, and trying to make some cases go away through dismissals and plea agreements.

Why it matters

The turmoil in the U.S. Attorney's Office in Minnesota has led to a greatly weakened ability to prosecute serious offenders, including violent criminals and drug traffickers. Local officials are concerned that dangerous individuals like McKay are escaping accountability, raising public safety concerns.

The details

McKay, with a three-decade record of violent crime, was scheduled to stand trial next month on methamphetamine trafficking charges that could have locked him up for 25 years. However, after the prosecutor on his case retired, the office led by Trump appointee Daniel Rosen dropped the case so abruptly that McKay's lawyer didn't learn about the move until after her client had been released. The office has been operating in crisis mode, bringing in prosecutors from other states, asking judges to delay hearings, and trying to make some cases go away through dismissals and plea agreements.

  • In 2024, FedEx employees in Fargo, North Dakota, discovered a package containing nearly 10 pounds of highly pure meth arriving from California and addressed to McKay.
  • In May 2025, a federal grand jury returned an indictment charging McKay with two methamphetamine distribution charges.
  • Last summer, a judge agreed to keep McKay jailed before trial, noting his history of violence and failure to show up for court proceedings.
  • 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 and McKay was ordered released.
  • On Jan. 31, 2026, McKay walked out of the Sherburne County Jail in Elk River, 30 miles outside Minneapolis.

The players

Cory Allen McKay

A 47-year-old with a three-decade record of violent crime, including strangling a pregnant woman and firing a shotgun under a person's chin, who was facing 25 years in prison on methamphetamine trafficking charges before the case was dismissed.

Daniel Rosen

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

Thomas Hollenhorst

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

Jean Brandl

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

John Marti

A Minneapolis lawyer who was a longtime fraud prosecutor in the U.S. Attorney's Office until 2015, warning that the office's diminished resources will hamper its ability to target dangerous criminals.

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What they’re saying

“This was completely surprising to me.”

— 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

“He was a very good prosecutor. He was reasonable and saw our clients as human beings, not just numbers.”

— Jean Brandl, McKay's lawyer

What’s next

The judge in the case will decide on Tuesday whether or not to allow Cory Allen McKay to remain free on bail.

The takeaway

The turmoil in the U.S. Attorney's Office in Minnesota has led to the dismissal of high-profile cases, raising concerns about public safety and the ability of the office to effectively prosecute serious offenders. This highlights the broader impact of the exodus of experienced prosecutors and the challenges faced by the Justice Department under the Trump administration.