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Court Refuses to Order Pam Bondi to Delete Tweeted Booking Photos in Prosecution for Interference with ICE in Minneapolis

Eugene Volokh | 5.18.2026 10:57 AM

From Magistrate Judge Elsa Bullard (D. Minn.) Wednesday in U.S. v. Doyle:

On January 26, 2026, the Government filed a complaint alleging that Defendant Joshua Doyle "did forcibly assault, resist, oppose, impede, or interfere with … Victim 1, a United State[s] Homeland Security Investigations Special Agent" performing official duties, and made physical contact with the victim, in violation of 18 U.S.C. § 111(a)(1)….

Mr. Doyle moves for a "gag order" based on two posts that he alleges former Attorney General Pam Bondi made "regarding Mr. Doyle" prior to his initial appearance. Mr. Doyle asks me to "prohibit[ ] the Government from making further statements about [him]" and to direct Bondi to remove the two posts.

On January 28, former Attorney General Pam Bondi allegedly made two posts on the social-media platform, X.

In the first post, made at 12:53 pm., she stated:

I am on the ground in Minneapolis today. Federal agents have arrested 16 Minnesota rioters for allegedly assaulting federal law enforcement—people who have been resisting and impeding our federal law enforcement agents. We expect more arrests to come. I've said it before and I'll say it again: NOTHING will stop President Trump and this Department of Justice from enforcing the law."

In the second post, made at 1:10 p.m., Mr. Doyle alleges that Bondi posted a "'booking' style photo" of him….

Mr. Doyle's briefing suggests three separate grounds for a gag order.

First, he suggests that a gag order should issue based on his compelling privacy interest in the booking photos. He relies on a civil, Freedom of Information Act ("FOIA") case, Detroit Free Press Inc. v. United States Department of Justice (6th Cir. 2016) (en banc). There, a newspaper asked the Government to disclose booking photos of defendants in an active criminal prosecution. When the Government denied its........

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