A defense team representing former Minnesota Sen. Justin Eichorn accused federal prosecutors of using politics to target the ex-lawmaker with a more severe charge following his March arrest during a sex sting operation in Bloomington.
The lawyers, Charles L. Hawkins and Arthur J. Waldon, IV, wrote to the court Friday seeking to dismiss the federal indictment, and further sought to throw out other evidence against Eichorn, claiming he wasn’t Mirandized and failed to complete a “substantial” part of the alleged crime.
Eichorn was one of 18 other individuals arrested during the sting operation. His lawyers said the others faced only state charges of soliciting a minor, which call for up to five years in prison, while the federal-level offense raises that bar to a minimum mandatory sentence of 10 years. Eichorn, they argued, would have faced a presumptive probationary sentence from the state when considering a lack of criminal history.
Citing a press release from then-Acting U.S. Attorney Lisa T. Kirkpatrick, which said her office “has no tolerance for public officials who violate federal law-particularly those laws meant to protect children,” the lawyers claimed Eichorn, a Grand Rapids-based Republican, faced federal charges because of his political affiliation and occupation.
“The government is now attempting to regurgitate the same factual allegations alleged in state court in an indictment to vindictively retaliate against Mr. Eichorn simply because he is a public office holder and exercised his first amendment right to political association and hold office,” Hawkins and Waldron wrote.
The U.S. Attorney’s office did not return a request for comment.
Prosecutors have until June 20 to respond and a hearing is scheduled for July 8. Kirkpatrick has since been replaced as acting U.S. Attorney by Joseph H. Thompson. President Donald J. Trump nominated Daniel Rosen for the permanent job in May, but he’s still pending approval by the U.S. Senate.
A federal criminal complaint filed in March said Eichorn responded to fictitious commercial sex advertisements placed by law enforcement on at least two websites commonly used in adult and juvenile human trafficking schemes. The ads included photos of a female who said she was 18 and located in Bloomington.
Undercover officers allegedly received messages from the then-senator, asking if the female was available. Prosecutors said Eichorn, 40, continued the conversation after the undercover officer identified herself as being 17 years old, and that he cited the age of consent during one message.
When Eichorn arrived at the meet-up spot in Bloomington, he was arrested and officers found two cell phones, a Trojan-brand condom and $129 in cash in his vehicle. His pickup truck was also seized, as were electronics and a firearm from his St. Paul apartment.
Eichorn’s filings confirm he traveled to the 8300 block of Normandale Boulevard and exchanged messages with an undercover officer acting as a minor. The lawyers said that upon arrival, Eichorn exited his truck and walked along a treed area to the rear of the apartment building, but stopped and turned around. He was arrested at his truck, and the defense filings claimed law enforcement did not read Eichorn his Miranda Rights.
The defense team also claimed other texts between the former senator and officer were sent “advising the undercover communicator that the photos looked like she was in her [20s] and he wanted to meet before they proceeded any further,” and a text that would have confirmed intent to engage in prostitution was never exchanged.
They added that he “abandoned any attempt to engage in prostitution” when he walked back toward his truck prior to the arrest, and did not “complete a substantial step towards the crime.”
Eichorn was first elected to the state Senate in 2016. He won re-election by a wide margin in 2022, representing an Iron Range district that has shifted considerably toward Republicans in recent years.
Facing pressure from Republican leadership, Eichorn resigned his seat days after his arrest and he was replaced as chair of the Iron Range Resources and Rehabilitation Board. Republican Keri Heintzman won an April special election in District 6 to replace him.
