Star Tribune
Seizure of Mike Lindell’s cellphone didn’t violate his constitutional rights
A panel of federal judges says the government didn’t violate Mike Lindell’s constitutional rights when FBI agents seized his phone last year in the drive-thru line at a Mankato Hardee’s.
The judges, upholding a lower court ruling, said the agents had a warrant that explicitly authorized them to search and seize his cellphone as part of a federal investigation.
“Lindell’s irritation as to where and how the government took possession of his cell phone does not give rise to a constitutional claim, let alone a showing of a callous disregard for his constitutional rights,” read the ruling issued Friday.
Lindell, the CEO of Minnesota-based MyPillow, is the subject of an ongoing federal investigation into the security breach and publishing of forensic images of election software used in the 2020 election in Mesa County, Colo. Lindell has repeated the false claim that voting machines were rigged to illegally give more votes to President Joe Biden than former President Donald Trump.
In a Star Tribune interview after his cellphone was seized, Lindell likened the FBI’s seizure of his cell phone to the “Gestapo in Nazi Germany.”
After calling his lawyer, Lindell turned over his phone, but he quickly sued to block the review of its contents and have it returned to him immediately, arguing he uses it for day-to-day work running his businesses.
But in its ruling, the panel said that Lindell acknowledged in a sworn declaration that he backed up the phone five days before it was seized, meaning he had access to “the vast majority of information” it contained.
“While he has been deprived of possession of his phone, he has not been deprived access to the phone’s contents, other than perhaps a limited slice of no more than five days’ worth of information that he has neither detailed nor identified with any particularity as vital to his businesses,” the ruling read.
However, the court said the government would need to provide justification for continuing to hold on to Lindell’s phone, which they’ve had for more than a year.
“Absent sufficient justification, the government has no right to hold onto property that is not contraband indefinitely,” the panel wrote.
No charges have been filed in this investigation, but Lindell is the subject of multiple lawsuits around his false claims of election fraud. He and MyPillow face a $1.3 billion defamation lawsuit from Dominion Voter Systems and Smartmatic. Lindell and MyPillow have also filed lawsuits against the voting machine companies.
A private arbitration panel has also ordered Lindell to pay a computer forensics expert $5 million after Lindell said he would pay that sum to anyone who could disprove data he claimed showed Chinese interference in the 2020 election. Lindell is countersuing in that case.
Staff writers Rochelle Olson and Ryan Faircloth contributed to this report
A judge acquitted a 37-year-old man of threatening to harm St. Paul Mayor Melvin Carter and Maplewood Mall and concluded that the defendant’s intention was to buy the shopping center and run for mayor.
Andrew Thomas Grzywinski, of St. Paul, was found not guilty late Thursday afternoon by Ramsey County District Judge John Guthmann on two counts of threats of violence.
The suspicion took root when Grzywinski sent a former girlfriend a text on Dec. 27, 2022, showing an assault-style gun on a window ledge, with a message that read, “Maplewood Mall is my idea, and Mayor of St. Paul is an end goal,” according to the charges filed in December 2022.
The woman alerted Woodbury police because Grzywinski was staying at a hotel in that city. A Woodbury police investigator said Grzywinski had been hospitalized Dec. 15-22, 2022, in Pensacola, Fla., “on a mental health hold,” the charges read, and a doctor there said Grzywinski’s threats should be taken seriously.
Woodbury police then notified their counterparts in Maplewood and St. Paul, leading to his arrest and charges.
In returning his verdicts in writing, Guthmann said, “The text message does not state or imply a threat to commit an act of violence. There is nothing expressly or impliedly threatening about the words ‘Maplewood is my idea,’ and the existence of a gun in the background of a panorama photo of a hotel room containing many other objects does not reasonably change the character of those words.”
The judge continued, “To conclude that defendant’s text was intended as an express or implied threat to the Maplewood Mall or anyone inside is entirely speculative and without support in the evidence.”
Guthmann’s filing noted that Grzywinski, who owns his own heating and cooling business, was not mulling or making any threats against the mall or the mayor but had been telling various people close to him that he wanted to buy the mall and run for mayor.
Star Tribune
Critics say Duluth judicial candidate fought improvements to domestic violence work as city attorney
Johnson said this week he felt a victim advocate position was important, but needed to “ask the hard questions” first.
“You have to be careful of what you take on,” he said, when potentially adding employees, considering potential future budget cuts. “I explore all options before jumping into something and that’s what we did with that position.”
After Holtberg’s phone call with Johnson, she said she sought advice from others and brought the opportunity and Johnson’s initial response to former Mayor Emily Larson. Larson confirmed this week that she then directed Johnson to apply for the grant. Funding was awarded to the city, and the position remains grant-funded today. Johnson said he doesn’t think Larson told him to apply, but said her administration was part of the discussion.
“We got it done, and we got it done in a way that’s stuck with the city,” he said. “Just because you ask hard questions doesn’t mean that it’s bad … that’s what I do, and as judge I’ll ask hard questions.”
Retired city prosecutor Mary Asmus said recently that Johnson told her at the time that if that position was added, he would probably need to dismiss someone from the office’s criminal division. This was at a time when criminal caseloads were high, she said. Johnson said he doesn’t recall saying that, but noted that grant funding isn’t guaranteed to last, inevitably affecting budgets and staffing.
“I don’t think he understood the importance of a victim services coordinator to the prosecution of a domestic violence case,” Asmus said, and “he was the first Duluth City Attorney in four decades who had never prosecuted criminal cases for our office.”
The DFL candidate for a Roseville seat in the Minnesota House is pushing back on allegations from his Republican opponent that he doesn’t live in the district he hopes to represent.
Curtis Johnson is currently a member of the Roseville Area Schools board. He has owned a home in Little Canada since 2017, according to Ramsey County property records.
In May he filed to run for the open seat in House District 40B, saying he lived in an apartment complex less than 3 miles from his Little Canada home. The district includes parts of Roseville and Shoreview and has been represented by DFLer Jamie Becker-Finn, who isn’t seeking re-election, since 2017.
In a statement, Johnson said he and his wife decided to move to Roseville last year, but they’ve struggled to find the right house. In the meantime, he’s been renting “a Roseville apartment as my primary residence while we keep searching for a forever home.”
“My wife and our youngest child still live in the house because we didn’t want to disrupt our child’s life by moving the rest of the family into my apartment and then moving them again after we found a house in Roseville,” Johnson’s statement said.
Wikstrom released an ad Oct. 15 that accused Johnson of lying about his residency, but he has not committed to making a legal challenge. A residency challenge would be decided by the Minnesota Supreme Court.
“My confidence level is high that we have a solid case he is not a resident of the district,” Wikstrom said in an interview. He noted that Johnson’s vehicle is often at the Little Canada home and a portable storage container appeared out front days after his political ad went online.
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