Case: United States v. Johnson

United States of America v. Johnson

United States of America v. Johnson

United States of America v. Johnson

United States of America v. Johnson

COMPLAINT by USA Kristian Weir with affidavit of Richard Berger (HSI) as to Paul Ervin Johnson (1) by Magistrate Judge Dulce J. Foster (Attachments: # 1 Affidavit) (MS) (Main Document 1 replaced on 1/28/2026) (NAH). (Attachment 1 replaced on 1/28/2026) (NAH). (Entered: 01/27/2026)

1 Affidavit

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Bench Warrant Issued as to Paul Ervin Johnson by Magistrate Judge Dulce J. Foster. (MS)cc: USMS and USA (Main Document 2 replaced on 1/28/2026) (NAH). (Entered: 01/27/2026)

MOTION to Seal by USA as to Paul Ervin Johnson. (MS) (Main Document 3 replaced on 1/28/2026) (NAH). (Entered: 01/27/2026)

ORDER granting 3 Motion to Seal as to Paul Ervin Johnson (1).. Document to be unsealed on 3/27/2026 Signed by Magistrate Judge Dulce J. Foster on 1/26/2026. (MS) (Main Document 4 replaced on 1/28/2026) (NAH). (Entered: 01/27/2026)

Minute Entry for proceedings held before Magistrate Judge Dulce J. Foster: Initial Appearance as to Paul Ervin Johnson held on 1/28/2026. Counsel to be appointed. Personal Recognizance Bond set with conditions, see Order Setting Conditions of Release. Next appearance date is TBD for: Preliminary hrg. Government moves to unseal the case - Granted. Consular notice read on the record. (Digital Recording) (MS) (Entered: 01/28/2026)

Brady Obligation Order as to Paul Ervin Johnson. Signed by Magistrate Judge Dulce J. Foster on 1/28/2026.(MS) (Entered: 01/28/2026)

ORDER Setting Conditions of Release as to Paul Ervin Johnson. Signed by Magistrate Judge Dulce J. Foster on 1/28/2026. (MS) (Entered: 01/28/2026)

Personal Recognizance Bond Entered as to Paul Ervin Johnson. Signed by Magistrate Judge Dulce J. Foster on 1/28/2026. (MS) (Entered: 01/28/2026)

ORDER FOR APPOINTMENT OF COUNSEL as to Paul Ervin Johnson. IT IS HEREBY ORDERED that Kevin Riach, Attorney ID 389277, is appointedas counsel pursuant to 18 U.S.C. § 3006A. Signed by Magistrate Judge Jon T. Huseby on 1/30/2026. (LEG) (Entered: 01/30/2026)

NOTICE OF ATTORNEY APPEARANCE for Paul Ervin Johnson. (Riach, Kevin) (Entered: 01/31/2026)

Speedy Trial Demand by Paul Ervin Johnson. (Riach, Kevin) (Entered: 01/31/2026)

MOTION Expedited Discovery, Protective Order, and Evidentiary Hearing by Paul Ervin Johnson. (Riach, Kevin) (Entered: 01/31/2026)

ORDER OF RECUSAL in case as to Paul Ervin Johnson Judge Magistrate Judge Dulce J. Foster recused. Case reassigned to Judge Magistrate Judge Shannon G. Elkins for all further proceedings. Signed by Magistrate Judge Dulce J. Foster on 2/2/2026. (MKB) (Entered: 02/02/2026)

MOTION for Discovery and Inspection by Paul Ervin Johnson. (Riach, Kevin) (Entered: 02/02/2026)

(Text-Only) CLERK'S NOTICE OF REASSIGNMENT. This case is reassigned to Judge Katherine M. Menendez and Magistrate Judge Shannon G. Elkins. NOTE: the new case number is 26-mj-81 KMM/SGE. Please use this case number for all subsequent pleadings. (LJG) (Entered: 02/03/2026)

(Text-Only) NOTICE as to Paul Ervin Johnson: Preliminary Examination set for 2/17/2026 at 03:15 PM in Courtroom 6A (STP) before Magistrate Judge John F. Docherty. (NAH) (Entered: 02/03/2026)

Order/Notice of Hearing/Deadlines (Setting/Resetting)

*** Terminate Deadlines as to Paul Ervin Johnson. (LEG)

Terminate Deadlines and Hearings

(Text-Only) ORDER/NOTICE as to Paul Ervin Johnson. The Preliminary Examination is reset for 2/17/2026 at 03:30 PM in Courtroom 9E (MPLS) before Magistrate Judge Shannon G. Elkins. The hearing before Judge Docherty is stricken. The Court will hold a Motion Hearing on Dkt. 13 on 2/17/2026 at 03:30 PM in Courtroom 9E (MPLS) before Magistrate Judge Shannon G. Elkins. Ordered by Magistrate Judge Shannon G. Elkins on 2/5/2026. (HAM) (Entered: 02/05/2026)

NOTICE OF ATTORNEY SUBSTITUTION for USA. (Hakes-Rodriguez, Michael) (Entered: 02/05/2026)

Order Continuing Hearing and Deadlines AND Order/Notice of Hearing/Deadlines (Setting/Resetting)

MISDEMEANOR INFORMATION by USA Michael Hakes-Rodriguez as to Paul Ervin Johnson (1) count 1 assigned to Judge Katherine M. Menendez and Magistrate Judge Shannon G. Elkins. (MKB) (Entered: 02/12/2026)

Defendant Information Sheet as to Paul Ervin Johnson [Court-Only Document(s)]. (Attachments: # 1 Cover Letter) (MKB) cc: Def Info Sheet to PPS. Modified text on 2/12/2026 (MKB). (Entered: 02/12/2026)

Summons Issued in case as to Paul Ervin Johnson. Arraignment and Initial Appearance set for 2/17/2026 at 03:30 PM in Courtroom 9E (MPLS) before Magistrate Judge Shannon G. Elkins. Initial Appearance set for 2/17/2026 at 03:30 PM in Courtroom 9E (MPLS) before Magistrate Judge Shannon G. Elkins. (MKB) cc: AUSA, DC. Modified text on 2/12/2026 (MKB). (Entered: 02/12/2026)

Terminate Deadlines and Hearings

*** Terminate Deadlines and Hearings as to Paul Ervin Johnson: Preliminary Examination on 2/17/26 per SGE chambers. (MKB)

MOTION for Disclosure of Grand Jury Proceedings by Paul Ervin Johnson. (Riach, Kevin) (Entered: 02/15/2026)

MOTION to Strike Appearance of Government's Counsel by Paul Ervin Johnson. (Riach, Kevin) (Entered: 02/16/2026)

Minute Entry for proceedings held before Magistrate Judge Shannon G. Elkins: Initial Appearance and Arraignment as to Paul Ervin Johnson (1) held on 2/17/26. Not Guilty Plea entered as to Count 1 of the Information. (Court Reporter Janell Gruber) (HAM) (Entered: 02/17/2026)

Minute Entry for proceedings held before Magistrate Judge Shannon G. Elkins: Motion Hearing as to Paul Ervin Johnson held on 2/17/2026 re 13 MOTION Expedited Discovery, Protective Order, and Evidentiary Hearing, 23 MOTION for Disclosure of Grand Jury Proceedings, 24 MOTION to Strike Appearance of Government's Counsel. Motions 13, 23, 24 require additional briefing and will be taken under advisement as of the latest briefing due date. See minutes for briefing deadlines. (Court Reporter Janell Gruber) (BH) (Entered: 02/17/2026)

PRETRIAL SCHEDULING AND CASE MANAGEMENT ORDER as to Paul Ervin Johnson. Government Disclosure due by 2/24/2026. Defendant Disclosure due by 3/3/2026. Motions due by 3/10/2026. Responses due by 3/24/2026. Notice of Intent to Call Witness due by 3/24/2026. Response to Notice of Intent to Call Witness due by 3/27/2026. Motion Hearing set for 4/3/2026 at 01:00 PM in Courtroom 9E (MPLS) before Magistrate Judge Shannon G. Elkins. Signed by Magistrate Judge Shannon G. Elkins on 2/18/2026. (Attachments: # 1 LR 12.1) (HAM) (Entered: 02/18/2026)

1 LR 12.1

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MOTION for Protective Order by USA as to Paul Ervin Johnson. (Hakes-Rodriguez, Michael) (Entered: 02/24/2026)

MEMORANDUM in Opposition by Paul Ervin Johnson re 28 MOTION for Protective Order (Riach, Kevin) (Entered: 02/25/2026)

(Text-Only) ORDER FOR PARTY TO FILE DOCUMENT/RESPOND TO COURT. The Government's post-hearing brief in response to Dkt. 13 was due Tuesday, 02/24/2026. (See Dkt. 26.) The Government did not file a brief. The Court orders the Government to immediately file its brief or a motion for an extension of time, no later than February 26, 2026 at 5:00 p.m. Ordered by Magistrate Judge Shannon G. Elkins on 2/26/2026. (BH) (Entered: 02/26/2026)

MOTION for Extension of Time to File Response/Reply as to 13 MOTION Expedited Discovery, Protective Order, and Evidentiary Hearing by USA as to Paul Ervin Johnson. (Hakes-Rodriguez, Michael) (Entered: 02/26/2026)

MEMORANDUM in Opposition by Paul Ervin Johnson re 31 MOTION for Extension of Time to File Response/Reply as to 13 MOTION Expedited Discovery, Protective Order, and Evidentiary Hearing (Riach, Kevin) (Entered: 02/26/2026)

Order for Party to File Document/Respond to Court

(Text-Only) Order GRANTING IN PART the Government's Motion for Extension of Time to File Response Brief 31 . The Government shall file its response by 5:00 p.m. Monday, March 2, 2026. Defendant's reply is due on or before March 9, 2026. Ordered by Magistrate Judge Shannon G. Elkins on 2/27/2026. (HAM) (Entered: 02/27/2026)

Order on Motion for Extension of Time to File Response/Reply

RESPONSE to Motion by USA as to Paul Ervin Johnson re 13 MOTION Expedited Discovery, Protective Order, and Evidentiary Hearing (Hakes-Rodriguez, Michael) (Entered: 03/02/2026)

RESPONSE to Motion by USA as to Paul Ervin Johnson re 24 MOTION to Strike Appearance of Government's Counsel (Hakes-Rodriguez, Michael) (Entered: 03/03/2026)

RESPONSE to Motion by USA as to Paul Ervin Johnson re 23 MOTION for Disclosure of Grand Jury Proceedings (Hakes-Rodriguez, Michael) (Entered: 03/03/2026)

Ex Parte Document re: Ex Parte Letter re: Motion for Disclosure, by USA as to Paul Ervin Johnson. (Weir, Kristian) (Main Document 37 replaced on 4/6/2026) (MMG). (Entered: 03/05/2026)

REPLY TO RESPONSE to Motion by Paul Ervin Johnson re 13 MOTION Expedited Discovery, Protective Order, and Evidentiary Hearing (Riach, Kevin) (Entered: 03/09/2026)

MOTION to File Amicus Brief by John R. Marti. by Former U.S. Military Lawyers as to Paul Ervin Johnson. (Attachments: # 1 Amici Brief) (Marti, John) (Entered: 03/10/2026)

1 Amici Brief

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MOTION for Admission Pro Hac Vice for Attorney Beau C. Tremitiere. Filing fee $ 150, receipt number AMNDC-12772377 by Former U.S. Military Lawyers as to Paul Ervin Johnson. (Marti, John) (Entered: 03/10/2026)

MOTION for Admission Pro Hac Vice for Attorney Zachary T. West. Filing fee $ 150, receipt number AMNDC-12772407 by Former U.S. Military Lawyers as to Paul Ervin Johnson. (Marti, John) (Entered: 03/10/2026)

MOTION for Continuance of Pretrial Motion Filing Date by Paul Ervin Johnson. (Riach, Kevin) (Entered: 03/10/2026)

REPLY TO RESPONSE to Motion by Paul Ervin Johnson re 24 MOTION to Strike Appearance of Government's Counsel (Riach, Kevin) (Entered: 03/10/2026)

ORDER granting 39 Motion to File Amicus Brief as to Paul Ervin Johnson (1). Signed by Magistrate Judge Shannon G. Elkins on 3/11/2026. (BH) (Entered: 03/11/2026)

(Text-Only) ORDER. The Court is in receipt of Defendant's Reply (Dkt. 43) to the Government's Response (Dkt. 35) to his Motion to Strike Appearance of Government's Counsel (Dkt. 24) and the Amicus Brief filed in support of Defendant's Motion to Strike Appearance of Government's Counsel (Dkt. 39-1). The Government may file a sur-reply only as to arguments on Defendant's Motion to Strike (Dkt. 24) on or before March 24, 2026. The Court will hear argument on this motion at the hearing scheduled for April 3, 2026. Ordered by Magistrate Judge Shannon G. Elkins on 3/11/2026. (BH) (Entered: 03/11/2026)

Order/Notice of Hearing/Deadlines (Setting/Resetting)

ORDER granting 42 Motion for Continuance as to Paul Ervin Johnson (1). The motions hearing currently scheduled for April 3, 2026, will be held to address Motions 13, 23, 24 and 28.The pretrial motions filing deadline will be extended until two weeks following any ruling on the pending motions before the Court and an Amended Pretrial Scheduling Order will issue at that time. Signed by Magistrate Judge Shannon G. Elkins on 3/12/2026. (HAM) (Entered: 03/12/2026)

(Text-Only) ORDER granting 40 Motion for Admission Pro Hac Vice of Attorney Beau Tremitiere for Former U.S. Military Lawyers as to Paul Ervin Johnson (1); and, granting 41 Motion for Admission Pro Hac Vice of Attorney Zachary Taylor West for Former U.S. Military Lawyers as to Paul Ervin Johnson (1). Approved by Magistrate Judge Shannon G. Elkins on 3/13/2026. (CNO) (Entered: 03/13/2026)

Order on Motion for Admission Pro Hac Vice AND Order on Motion for Admission Pro Hac Vice

ADMINISTRATIVE ORDER. Signed by Chief Judge Patrick J. Schiltz on 3/17/2026. (JME) (Entered: 03/17/2026)

RESPONSE to Motion by USA as to Paul Ervin Johnson re 24 MOTION to Strike Appearance of Government's Counsel (Hakes-Rodriguez, Michael) (Entered: 03/24/2026)

NOTICE OF ATTORNEY APPEARANCE for USA. (Endicott, Bradley) (Entered: 04/03/2026)

Minute Entry for proceedings held before Magistrate Judge Shannon G. Elkins: Motion Hearing as to Paul Ervin Johnson held on 4/3/2026 re 13 MOTION Expedited Discovery, Protective Order, and Evidentiary Hearing, 23 MOTION for Disclosure of Grand Jury Proceedings, 24 MOTION to Strike Appearance of Government's Counsel, 28 MOTION for Protective Order . The Court granted in part and denied in part 13 Motion Expedited Discovery, Protective Order, and Evidentiary Hearing; granted 23 for Disclosure of Grand Jury Proceedings; and granted in part and denied in part 28 Motion for Protective Order. Separate orders will issue following the Court's ruling on 13 Motion Expedited Discovery, Protective Order, and Evidentiary Hearing and 28 Motion for Protective Order. The Court took 24 MOTION to Strike Appearance of Government's Counsel under advisement and will issue an order. (Court Reporter Janell Gruber) (BH) (Entered: 04/03/2026)

NOTICE OF ATTORNEY SUBSTITUTION for USA. (Richards, William) (Entered: 04/06/2026)

DOCUMENT FILED IN ERROR-WRONG CASE. Amended MOTION to Strike Appearance of Government's Counsel by Paul Ervin Johnson. (Riach, Kevin) Modified text on 4/6/2026 (MMG). (Entered: 04/06/2026)

Amended MOTION to Strike Appearance of Government's Counsel by Paul Ervin Johnson. (Riach, Kevin) (Entered: 04/06/2026)

ORDER following Court's oral order on 04/03/2026 as to Paul Ervin Johnson re 13 MOTION Expedited Discovery, Protective Order, and Evidentiary Hearing, 28 MOTION for Protective Order. Signed by Magistrate Judge Shannon G. Elkins on 4/8/2026. (BH) (Entered: 04/08/2026)

TRANSCRIPT REQUEST for an Expedited 14-Day Transcript of 51 Order on Motion for Protective Order, Order on Motion for Miscellaneous Relief, Order on Motion for Disclosure, Motion Hearing, to Court Reporter Janell Gruber. (KMO) (Entered: 04/08/2026)

TRANSCRIPT REQUEST for an Expedited 14-Day Transcript for a COPY OF TRANSCRIPT 51 Order on Motion for Protective Order,,,,, Order on Motion for Miscellaneous Relief,,,,, Order on Motion for Disclosure,,,,, Motion Hearing,,,, to Court Reporter Janell Gruber. (Concepcion, Albania) (Entered: 04/09/2026)

TRANSCRIPT REQUEST for an Expedited Daily Transcript (by 8am following day) of 51 Order on Motion for Protective Order, Order on Motion for Miscellaneous Relief, Order on Motion for Disclosure, Motion Hearing, to Court Reporter Janell Gruber. (KMO) (Entered: 04/15/2026)

TRANSCRIPT REQUEST from John Marti for an Expedited Daily Transcript (by 8am following day) of 51 Order on Motion for Protective Order, Order on Motion for Miscellaneous Relief, Order on Motion for Disclosure, Motion Hearing, to Court Reporter Janell Gruber. (KMO) (Entered: 04/16/2026)

TRANSCRIPT of Motions Hearing held on 4/3/2026 before Magistrate Judge Shannon G. Elkins as to Paul Ervin Johnson. (69 pages). Court Reporter: Janell Gruber. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 21 days to file a Statement of Redaction. In accordance with Judicial Conference policy and Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review Local Rule 5.5 and Case Information >Transcripts, Court Reporters and Digital Audio Recordings. Statement of Redaction due 5/12/2026. Redacted Transcript Deadline set for 5/22/2026. Release of Transcript Restriction set for 7/20/2026. (JMG) (Entered: 04/21/2026)

ORDER denying Defendant's Motion to Strike Appearance of Government's Counsel [Dkts. 24, 54]. (Written Opinion) Signed by Magistrate Judge Shannon G. Elkins on 5/1/2026. (BH) (Entered: 05/01/2026)

MOTION for Extension of Time to File Objections to Magistrate Judge's May 1, 2026 Order by Paul Ervin Johnson. (Riach, Kevin) (Entered: 05/08/2026)

(Text-Only) Mr. Johnson's objections are currently due on or before May 15, 2026. Mr. Johnson has requested a three-week extension of that deadline. The government does not oppose this request. The Mr. Johnson's request is GRANTED. Mr. Johnson's deadline to file his objections is now June 5, 2026. Ordered by Judge Katherine M. Menendez on 5/12/2026. (CRD) (Entered: 05/12/2026)

Order on Motion for Extension of Time to File

AMENDED PRETRIAL SCHEDULING ORDER as to Paul Ervin Johnson. Motions due by 6/5/2026. Responses due by 6/22/2026. Notice of Intent to Call Witness due by 6/22/2026. Response to Notice of Intent to Call Witness due by 6/26/2026. Motion Hearing set for 7/16/2026 at 09:30 AM in Courtroom 9E (MPLS) before Magistrate Judge Shannon G. Elkins. Signed by Magistrate Judge Shannon G. Elkins on 5/19/2026. (HAM) (Entered: 05/19/2026)

*** Terminated Deadlines as to Paul Ervin Johnson. (LEG)

Terminate Deadlines and Hearings

TRANSCRIPT REQUEST for an Expedited 3-Day Transcript for a COPY OF 60 Transcript(s)to Court Reporter Janell Gruber. (KMO) (Entered: 05/22/2026)

LETTER TO DISTRICT JUDGE (Local Rule 72.2(c)(C) Joint Letter Regarding Expanded Word Count Limit) by Paul Ervin Johnson. (Riach, Kevin) (Entered: 05/29/2026)

(Text-Only) The parties' 66 joint request for an increased word limit is granted. Ordered by Judge Katherine M. Menendez on 5/29/2026. (LC3) (Entered: 05/29/2026)

Order in Response to Letter/Request/E-mail

MOTION to File Amicus Brief in Support of Defendant's Objections to the Order Denying Motion to Strike by John R. Marti. by Former U.S. Military Lawyers as to Paul Ervin Johnson. (Attachments: # 1 Amici Brief) (Marti, John) (Entered: 06/05/2026)

1 Amici Brief

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MOTION for Extension of Time to File by Paul Ervin Johnson. (Riach, Kevin) (Entered: 06/05/2026)

APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge by USA as to Paul Ervin Johnson re 61 Order on Motion to Strike, (Richards, William) (Entered: 06/05/2026)

APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge by Paul Ervin Johnson re 61 Order on Motion to Strike, (Riach, Kevin) (Entered: 06/05/2026)

(Text-only) ORDER: The motion for leave to file an amicus brief 68 is GRANTED. Signed by Judge Katherine M. Menendez on 6/8/2026. (LC1) (Entered: 06/08/2026)

(Text-Only) On June 5th, Mr.Johnson sought an extension of his deadline to object to the Report and Recommendation in this matter. His objections were due that same day. Before the Court ruled on that request, Mr. Johnson filed his objections on time. Therefore his Motion for an Extension is denied as moot. Ordered by Judge Katherine M. Menendez on 6/8/2026. (CRD) (Entered: 06/08/2026)

(Text-Only) ORDER TO VACATE 73 Order on Motion for Extension of Time to File, as to Paul Ervin Johnson. Ordered by Judge Katherine M. Menendez on 6/8/2026. (CRD) (Entered: 06/08/2026)

(Text-Only) ORDER granting 69 Unopposed Motion for Extension of Time to File as to Paul Ervin Johnson (1). Defendant's deadline to file pretrial motions is extended to June 12, 2026. All other deadlines in the Amended Pretrial Scheduling Order (Dkt. 64) remain in effect, and the Motion Hearing will still take place on 7/16/2026 at 09:30 AM in Courtroom 9E (MPLS) before Magistrate Judge Shannon G. Elkins. Ordered by Magistrate Judge Shannon G. Elkins on 6/8/2026. (HAM) (Entered: 06/08/2026)

Order on Motion to File Amicus Brief

Order to Vacate Order/Quash Warrant (non 2255)

Order on Motion for Extension of Time to File

NOTICE OF ATTORNEY SUBSTITUTION for USA. (Tucker, Robert) (Entered: 06/09/2026)

MOTION to Dismiss for Outrageous Government Conduct and Vindictive Prosecution, and for an Evidentiary Hearing by Paul Ervin Johnson. (Riach, Kevin) (Entered: 06/12/2026)

MOTION to Dismiss for Failure to State an Offense by Paul Ervin Johnson. (Riach, Kevin) (Entered: 06/12/2026)

MOTION to Suppress by Paul Ervin Johnson. (Riach, Kevin) (Entered: 06/12/2026)

NOTICE OF ATTORNEY WITHDRAWAL for USA. (Endicott, Bradley) (Entered: 06/16/2026)

MOTION to Dismiss by USA as to Paul Ervin Johnson. (Tucker, Robert) (Entered: 06/18/2026)

(Text-Only) ORDER: On June 18, 2026, the government filed a Motion to Dismiss the charges against Paul Ervin Johnson, seeking dismissal without prejudice. [ECF 81 ] Mr. Johnson may file any response to the pending Motion on or before July 6, 2026. All other deadlines, including the government's deadlines to respond to pending pretrial motions filed by Mr. Johnson on June 12, 2026, are suspended while the Court considers the governments Motion to Dismiss. Ordered by Judge Katherine M. Menendez on 6/22/2026. (CRD) (Entered: 06/22/2026)

Order/Notice to Attorney

ORDER Dismissing Case with Prejudice. See Order for details. Signed by Judge Katherine M. Menendez on 7/6/2026. (CRD) (Entered: 07/06/2026)