Dualing attorney generals?

May 17, 2020 – MN Attorney General Keith Ellison released a statement regarding Shady’s Inc. owner Kris Schiffler early opening of his tavern in Albany, MN in defiance of Gov. Walz’s executive stay-at-home order.

In part:

“The Attorney General has the power to enforce Executive Order 20-56… In the enforcement action brought today, the Attorney General is seeking permanent injunctive relief, civil penalties of up to $25,000 per violation, restitution and/or disgorgement of profits, the Office’s costs and fees, and other equitable relief — all as authorized under the Executive Order and Minnesota law.

The Attorney General’s Office brought an enforcement action against multiple entities owned by Kris Schiffler, and against Mr. Schiffler individually.”

But will the following note from a memorandum on April 27th, 2020, by US Attorney General William Barr going to be in opposition to Ellison’s stance?

“If a state or local ordinance crosses the line from an appropriate exercise of authority to stop the spread of COVID- 19 into an overbearing infringement of constitutional and statutory protections, the Department of Justice may have an obligation to address that overreach in federal court.

I am therefore directing the Assistant Attorney General for Civil Rights, Eric Dreiband, and Matthew Schneider; the U.S. Attorney for the Eastern District of Michigan, to oversee and coordinate our efforts to monitor state and local policies and, if necessary, take action to correct them. They should work not only with all Department ofJustice offices and other federal agencies, but with state and local officials as well.

Many policies that would be unthinkable in regular times have become commonplace in recent weeks, and we do not want to unduly interfere with the important efforts of state and local officials to protect the public. But the Constitution is not suspended in times of crisis. We must therefore be vigilant to ensure its protections are preserved, at the same time that the public is protected.”

Earlier that month on April 21st in an interview with Hugh Hewitt, AG Barr stated, “…to the extent that governors don’t [follow WH recommendations for phase opening] and impinge on either civil rights or on the national commerce, our common market that we have here, then we’ll have to address that.”

“…I also think that we have to give businesses more freedom to operate in a way that’s reasonably safe. They know their business. They have the capacity to figure out, as the Marines say, “improvise, adapt, and overcome,” how to conduct their business in a way that’s safe. I think we have to give businesses that opportunity. The question really shouldn’t be you know, some governments saying well, is this essential or not essential. The question is can this business be operated safely?”

Barr has tasked “the Assistant Attorney General for Civil Rights, Eric Dreiband, and Matthew Schneider; the U.S. Attorney for the Eastern District of Michigan, to oversee and coordinate our efforts to monitor state and local policies and, if necessary, take action to correct them. They should work not only with all Department of Justice offices and other federal agencies, but with state and local officials as well.”

Schiffler stated he planned to bring this to the MN Supreme Court if necessary. But will federal powers intercede before then?

Sources:
https://www.hughhewitt.com/attorney-general-william-barr-on-the-crisis/

https://www.justice.gov/opa/page/file/1271456/download

https://www.ag.state.mn.us/Office/Communications/2020/05/17_Shadys.asp