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Politico Legal Reporter Faces Backlash Over Stand-Your-Ground Remark on Minnesota Daycare Probe

Legal experts note Minnesota is a duty-to-retreat state, not stand-your-ground.

Overview

  • Josh Gerstein posted on X that the 'amateur effort to knock on doors of home daycares intersects with robust stand-your-ground laws,' drawing immediate criticism.
  • The remark followed independent journalist Nick Shirley’s viral videos of Somali-run home daycares that appeared empty, including an allegation that one received $4 million in taxpayer funds.
  • Commentators and legal observers said Gerstein’s framing was incorrect, stressing that Minnesota does not have stand-your-ground and requires retreat before using force.
  • Critics argued that stand-your-ground and castle doctrine do not permit shooting someone for peacefully knocking, calling the post 'bad legal advice.'
  • Gerstein later replied that he was noting a potential risk rather than advocating violence, writing, 'To observe that something is likely to happen… is not to advocate for it happening.'