To be clear, the Court agrees with the Department that a grand-jury subpoena need not be supported by probable cause. At the same time, a grand-jury subpoena cannot be issued for an improper purpose. The fact that connections between the information sought in the subpoenas and any possible criminal violation range from extremely weak to nonexistent only adds to the overwhelming evidence that these subpoenas were not issued to investigate, but to harass, coerce, and retaliate.
In sum, because
the Court finds that the dominant purpose of the challenged subpoenas is to coerce Minnesota officials into assisting the federal government with enforcing civil immigration law and to harass and retaliate against them for failing to do so, the Court grants the motions to quash.