A federal magistrate judge in Minnesota has declined to authorize criminal charges against journalist Don Lemon following his presence at a protest inside a St. Paul church, delivering an early setback to the U.S. Justice Department’s efforts tied to the incident.
The ruling came Thursday when Magistrate Judge Douglas Micko refused to approve a criminal complaint sought by federal prosecutors. The decision effectively halted immediate legal action against Lemon, who was at the church documenting a protest and later shared footage online identifying himself as a journalist.
Legal analysts note that such refusals are uncommon at the complaint stage, as prosecutors typically present cases they believe already meet probable cause standards. While the Justice Department may still pursue alternative legal strategies, the judge’s decision signals skepticism toward the current approach.
Charges Narrowed for Arrested Protesters
The same ruling also affected the cases of two protesters arrested in connection with the demonstration. Civil rights attorney Nekima Levy Armstrong and St. Paul School Board member Chauntyll Louisa Allen were charged with conspiracy to interfere with civil rights. Prosecutors additionally attempted to bring charges under a federal statute intended to protect access to religious institutions.
Judge Micko declined to approve that secondary charge, writing that the evidence presented did not establish probable cause, particularly noting the absence of threats or force. Both defendants were later ordered released under conditions that restrict travel and contact related to the church, though their release was temporarily delayed pending a federal appeal.
A third individual, William Kelly, was also arrested in connection with the protest. Court proceedings related to his case are expected to continue separately.
Protest Sparked by ICE-Related Allegations
The protest occurred Sunday morning at Cities Church during a worship service. Demonstrators entered the building chanting slogans connected to the death of a Minneapolis resident who was fatally shot earlier this month by a federal immigration officer.
Protesters said they targeted the church because they believed one of its pastors held a senior role within Immigration and Customs Enforcement, an allegation that has not been formally confirmed. The incident led to heated exchanges before law enforcement intervened.
Lemon, who was present during the protest, recorded video footage and repeatedly stated that he was there solely to observe and document events. In the video, he emphasized constitutional protections related to press freedom, speech, and assembly.
Federal Response Draws Scrutiny
Attorney General Pam Bondi, who has been overseeing the federal response in Minnesota, previously stated that the government believed the actions inside the church crossed legal boundaries. Officials argued that entering private property during a religious service could interfere with worshippers’ rights.
Justice Department representatives have also emphasized that journalistic status does not automatically shield individuals from criminal liability. However, Lemon’s legal team maintains that his actions were fully protected under the First Amendment.
The case unfolds amid heightened federal enforcement activity in the Minneapolis–St. Paul region, where expanded immigration and crime-reduction initiatives have already drawn judicial scrutiny. Past enforcement surges have faced criticism for aggressive charging decisions that were later withdrawn or dismissed.
What Comes Next
While the Justice Department retains the authority to refile or modify charges, the magistrate’s refusal adds a procedural hurdle and raises questions about the strength of the current case. Further court decisions are expected in the coming days as appeals and detention matters are reviewed.
For now, the ruling underscores ongoing legal tensions between federal enforcement actions, protest activity, and constitutional protections related to free expression and press freedom.
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