Former Republican Minnesota Sen. Justin Eichorn is asking a federal judge to throw out an indictment against him for soliciting a minor for sex, arguing in a new motion that the case represents “vindictive and selective prosecution” motivated by his holding political office.
Eichorn was arrested March 17 after allegedly arranging a meeting with a person he believed to be a 16-year-old girl. The supposed girl ended up being an undercover Bloomington police officer. He was initially charged in Hennepin County District Court but was later indicted on federal charges.
In a motion filed June 6, Eichorn’s attorneys wrote: “This indictment should be dismissed because the Government’s decision to charge Mr. Eichorn in the present indictment was vindictively motivated by personal animus against Mr. Eichorn … and selectively prosecuted him, because he exercised his First Amendment right to hold public office.”
The sting was part of an undercover operation in which law enforcement posted ads with photos of a female officer posing as a prostitute. Eichorn allegedly contacted the number listed in the ad on March 12 and again on March 13. The conversations continued over several days, ultimately leading to his arrest in a hotel parking lot where he had allegedly come to meet the girl.
Alpha News previously reported that police said Eichorn was arrested in a hotel parking lot, where he had arrived driving a pickup truck. He had parked in a specific location provided by the undercover officer and walked around the lot before returning to his vehicle.
After the federal indictment was filed, Acting U.S. Attorney Lisa T. Kirkpatrick stated: “The U.S. Attorney’s Office has no tolerance for public officials who violate federal law — particularly those laws meant to protect children.”
Eichorn’s defense pointed to this statement as evidence of political motivation behind his prosecution, arguing that “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.”
In the motion, his attorneys wrote: “Mr. Eichorn would not have been prosecuted federally but for the personal animus against him arising from his political affiliation and public office.”
Eichorn resigned from the Minnesota Senate on March 27. In a statement, he said, “After much prayer and consultation with my family and friends, I have made the decision to resign from the Minnesota Senate. I will be focusing my full attention on my family and the serious legal matters before me.”
His attorneys are now requesting discovery and an evidentiary hearing to explore claims of improper motivation and unequal treatment. “These circumstances are sufficient to establish a presumption of vindictive prosecution on the part of the government,” the motion states.
Eichorn has pleaded not guilty to the federal charges.
Hayley Feland
Hayley Feland previously worked as a journalist with The Minnesota Sun, The Wisconsin Daily Star, and The College Fix. She is a Minnesota native with a passion for politics and journalism.
