Federal judge blocks charges against Don Lemon in Minnesota church protest

A federal magistrate judge in Minnesota has refused to approve charges against journalist Don Lemon following a disruption at a Southern Baptist church in St. Paul on Sunday, dealing a significant blow to the Justice Department's prosecution efforts in the case.

The decision by Judge Douglas Micko came as the Justice Department moved to charge multiple people connected to the church protest, which organizers said was aimed at an Immigration and Customs Enforcement field director who appears to be one of the pastors at the church. The rejection of charges against Lemon, a former CNN anchor who attended the protest as a reporter, raises questions about the government's legal strategy in pursuing the case.

Background

The protest occurred on Sunday at a church in St. Paul, disrupting the service. Videos posted online by Lemon and others show confusion during the event, which drew the attention of federal authorities and sparked calls from conservatives for criminal charges against the activists involved.

Attorney General Pam Bondi has taken a personal interest in the prosecutions, with sources saying she has been in Minnesota for two days as the Justice Department sought to surge prosecutorial and law enforcement resources to the state. Bondi called the church protest an "attack" on social media and posted that religious freedom is a bedrock of the nation.

The timing of the arrests proved notable. They came shortly before Vice President JD Vance arrived in the Minneapolis area for a planned meeting with ICE agents. Homeland Security Secretary Kristi Noem had said on Tuesday night that arrests related to the disruption could be expected within hours.

Key Details

On Thursday, federal prosecutors announced arrests of three people connected to the protest: Nekima Levy Armstrong, Chauntyll Louisa Allen, and William Kelly. Armstrong and Allen appeared in federal court in St. Paul on Thursday, where they were each charged with violating a civil rights law that prohibits conspiracy to interfere with constitutionally protected rights, including the free practice of religion.

However, Judge Micko, who previously worked as a federal public defender, declined to approve a second charge against Armstrong and Allen under the FACE Act, which makes it a crime to use force, threats, or physical obstruction to interfere with a person's First Amendment right of religious freedom at a place of worship.

In a copy of an arrest warrant against Allen obtained by news outlets, the second charge was physically crossed off with "NO PROBABLE CAUSE" written in the margin. An attorney for Armstrong said the magistrate judge also crossed off a charge on her arrest warrant in the same manner.

Tension in the courtroom

Tension was evident during Thursday's hearing. Just minutes after Micko began the proceedings, federal prosecutors conceded they had yet to provide copies of the arrest warrants to the two women arrested and their attorneys. When the judge ordered a recess and refused to proceed until the warrants were provided, audible gasps and some cheers came from those watching in overflow rooms.

When the Justice Department requested that Armstrong and Allen be detained, Micko denied the request. A federal prosecutor argued that the allegations involved "crimes of violence," but Micko responded that he did not see "any threat or use of force."

Both Armstrong and Allen were ordered to be released on condition they remain in Minnesota, stay off the church's property, and avoid contact with any witness or victim. However, they were not released after the Justice Department announced plans to appeal and seek their detention, with a judge expected to rule on the appeal on Friday.

Lemon's attorney, Abbe Lowell, issued a statement saying the magistrate's decision confirms the nature of Lemon's First Amendment protected work as a reporter.

"Should the Department of Justice continue with a stunning and troubling effort to silence and punish a journalist for doing his job, Don will call out their latest attack on the rule of law and fight any charges vigorously and thoroughly in court," Lowell said.

During an interview with a pastor at the church, Lemon said: "There's a Constitution and a First Amendment, and freedom of speech and freedom to assemble and protest." In one video he posted online from the protest, Lemon stated: "We're not part of the activists, but we're here just reporting on them."

One source familiar with the matter said Bondi is "enraged at the magistrate judge's decision." However, another source stressed that the process is not over and the Justice Department could find other avenues to charge Lemon.

What This Means

The judge's rejection of charges against Lemon highlights potential legal obstacles the government faces in prosecuting protest-related cases. The decision to strike the FACE Act charge suggests the magistrate found insufficient evidence of force or threats to support that particular violation.

The case has drawn attention to questions about prosecutorial discretion and the standards judges apply when reviewing government charging decisions. The refusal to approve detention for Armstrong and Allen also signals skepticism about the strength of the government's case at this early stage.

Assistant Attorney General Harmeet Dhillon, who leads the Civil Rights Division, has publicly hinted that Lemon could potentially face charges for his role in disrupting the service. The Justice Department's next moves remain unclear, though sources indicate prosecutors are exploring alternative approaches to the case.

The two federal prosecutors who appeared in the courtroom are not from Minnesota, and prosecutors requested that the criminal complaints remain sealed despite the public nature of the case, a motion that was approved for 24 hours.