ICE accuses Politico reporter of 'inciting violence against federal agents''

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Minnesota fraud scandal is 'unlike anything we've ever seen,' former DHS official says

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ICE accused Politico reporter Josh Gerstein of "inciting violence against federal agents" following a Monday night post on X in which he suggested that "at some point, the amateur effort to knock on doors" of home daycare centers in Minnesota would intersect with what he erroneously deemed the state's "robust stand-your-ground laws."

In a pointed Tuesday post on X, ICE told Gerstein, Politico's senior legal affairs reporter, that someone with his title should know better than to make social media posts that could incite violence against federal agents.

"You would think a ‘Senior Legal Affairs Reporter’ for POLITICO would know better than to tweet something inciting violence against federal agents," ICE wrote.

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Gerstein's post appeared to reference an investigation by independent journalist Nick Shirley on alleged widespread fraud at Minnesota daycare centers, which went viral earlier this week.

In the 42-minute video posted to X and YouTube, Shirley documented visitsto several daycare centers in the blue state, many of which appeared largely inactive despite continuing to receive state funding.

ICE accused Politico reporter Josh Gerstein of "inciting violence against federal agents" following a Monday night post on X in which he suggested that "at some point, the amateur effort to knock on doors" of home daycare centers in Minnesota would intersect with what he erroneously deemed the state's "robust stand-your-ground laws." (PAUL J. RICHARDS/AFP via Getty Images)

Gerstein faced widespread criticism on social media after posting the comment, with users accusing him of calling for violence and mocking his understanding of Minnesota's gun laws.

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After the reporter's post had gone viral, Gerstein clarified his statement, commenting under his original post, "To observe that something is likely to happen or there's a serious risk of it happening is not to advocate for it happening."

Although Gerstein explained that his post was not an endorsement of violence against journalists, others did not see it the same way.

One commenter slammed Gerstein for "inciting people to shoot journalists investigating fraud," while keeping the threat "veiled enough" to avoid legal consequences.

Other X users called out the senior legal affairs reporter for failing to understand the difference between stand-your-ground laws — which Minnesota does not have — and Castle Doctrine.

ICE’s federal law enforcement officers take a suspect into custody in Houston, Texas, on Jan. 28, 2025. (ICE)

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While Minnesota is not a stand-your-ground state, the state does follow the Castle Doctrine at home — so a person is not required to retreat from an intruder in their house — but outside the home, Minnesota law generally requires individuals to retreat if it is safe to do so before using force.

"Shouldn't a legal affairs reporter know the difference between stand-your-ground law and castle doctrine?" asked WTB radio host Pete Kaliner on X, adding that neither of which "apply to someone knocking on a commercial business's door."

Politico senior legal affairs reporter Josh Gerstein on the set of "Meet the Press" in Washington, D.C., on May 8, 2025. (William B. Plowman/NBC)

A community note was eventually added to Gerstein's post, correcting him on the specifics of stand-your-ground laws and how they can be exercised.

"Stand-your-ground laws remove the duty to retreat from a threat when a person is in a place they have a legal right to be. Knocking on the door of a supposedly public business does not constitute a threat, so stand-your-ground could not be invoked as a defense," the community note read.

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Gerstein did not respond to multiple requests for comment from Fox News Digital.

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