The motion makes the point that the Minnesota Rule providing for a change of venue does not give discretion to the Judge to deny a motion when a fair trial is likely not possible in the location where it is set to take place. Rule 25.02, subd. 3 states:

Subd. 3. Standards for Granting the Motion. A motion for continuance or change of venue must be granted whenever potentially prejudicial material creates a reasonable likelihood that a fair trial cannot be had. Actual prejudice need not be shown. //

The motion also makes the key point — not understood by the media and many in the legal punditry — that the “impartial jury” right in the Sixth Amendment, belongs only to the defendant, and not to the prosecution. There was a concerted campaign launched in the community and the media to ensure that the trial takes place in Hennepin County because Floyd was black, and the racial composition of Hennepin County made it the only county in Minnesota where there was a high probability that the jury would include one or more black jurors.