A U.S. magistrate judge on Friday ordered release of large portions of a transcript and video of an interview an FBI agent conducted with Buford Rogers, who federal authorities say planned a terrorist attack in Montevideo, Minn., last May.
Rogers was indicted on a charge of illegal possession of a firearm and explosives and was questioned for about four hours when he was arrested May 3.
Judge Jeanne Graham ordered the U.S. attorney’s office to turn major portions of the video and transcript over to her for review, and she’ll make them available to the public. That could occur next week.
Graham’s decision followed U.S. District Judge Ann Montgomery’s ruling that large portions of the transcript could be admitted as evidence.
At issue was FBI Agent Shane Ball’s decision to not read Rogers his rights until 40 minutes into an interview. Montgomery said some of the first 40 minutes could not be included as evidence but everything afterward could.
Following Montgomery’s decision, Star Tribune attorney John Borger filed a motion to unseal the admissible portions of the transcript and video.
Andrew Mohring, Rogers’ attorney, opposed the release, saying it could bias potential jurors against his client, who is scheduled to go on trial Jan. 13.
Graham ruled Friday that everything Rogers said before his Miranda rights were read would remain sealed but that everything afterward would be made public, noting that the “post-Miranda statements essentially covered the same ground as the pre-Miranda statements.”
The FBI has said Rogers planned to attack the Montevideo police station and National Guard armory and blow up a radio tower.