A Minnesota federal magistrate judge declined to approve charges against independent journalist Don Lemon stemming from a protest inside a church in St. Paul on Sunday, multiple sources reported to CBS News. The Justice Department has surged prosecutorial resources to Minnesota as it pursues the case, with Attorney General Pam Bondi arriving two days ago and, according to sources, expressing “enrage” at the magistrate’s decision.
Legal Setback and Potential Next Steps
Magistrate Judge Douglas Micko, a former federal public defender, refused to sign the complaint against Lemon. While the Justice Department could pursue other avenues to bring charges, according to one source, the process is not yet concluded. Lemon’s attorney, Abbe Lowell, stated the magistrate’s actions “confirm the nature of Don’s First Amendment protected work this weekend in Minnesota as a reporter.” Lowell further asserted that Lemon would “fight any charges vigorously and thoroughly in court” should the Justice Department continue its efforts.
Alongside Lemon, the government intended to charge a number of individuals who participated in the protest. On Thursday, Attorney General Bondi announced the arrests of Chauntyll Louisa Allen, a member of the St. Paul School Board, and civil rights attorney Nekima Levy Armstrong, alleging Armstrong’s involvement in organizing the protest. A third individual, William Kelly, was also arrested later that day.
Charges Filed, Then Questioned
Allen and Armstrong were charged with conspiring to interfere with constitutionally protected rights, specifically the free practice of religion. However, Judge Micko declined to approve a second charge against both women under the FACE Act, which prohibits the use of force or obstruction to interfere with religious exercise. An arrest warrant for Allen, obtained by CBS News, showed the second charge physically crossed off with the notation “NO PROBABLE CAUSE.”
Thursday’s court proceedings were marked by tension, including a recess called by Judge Micko when prosecutors initially failed to provide arrest warrants to the defense. The Justice Department’s request to detain Allen and Armstrong was denied, with Judge Micko stating he saw “no threat or use of force.” Despite being ordered released with conditions, defense attorneys reported that Allen and Armstrong would remain in custody pending the Justice Department’s appeal of the detention decision, scheduled for a ruling on Friday.
Prosecutors also sought to seal the criminal complaints, a motion that was granted for 24 hours. The prosecution team assigned to the case is not based in Minnesota. Attorneys Robert Keenan, with prior experience arguing for leniency in civil rights cases, and Orlando Sonza, appointed by former President Trump, are leading the government’s efforts.
Background of the Protest
The protest occurred after demonstrators learned an Immigration and Customs Enforcement official was among the pastors at St. Paul’s Cities Church. Protests and clashes with federal immigration officers have been ongoing in the Twin Cities since the Trump administration deployed additional ICE and Border Patrol agents to the area, including demonstrations calling for accountability in the shooting death of Renee Good.
Assistant Attorney General Harmeet Dhillon has publicly suggested Lemon could face charges, stating that being a journalist “is not a badge or a shield that protects you from criminal consequences.”
Frequently Asked Questions
What is the FACE Act?
The FACE Act, or Freedom Access to Clinic Entrances Act, prohibits the use of force, threats, or physical obstruction to injure, intimidate, or interfere with a person exercising their First Amendment right of religious freedom at a place of worship.
Who is Douglas Micko?
Douglas Micko is a Minnesota federal magistrate judge who previously worked as a federal public defender, according to sources familiar with the proceedings.
What is the Justice Department’s next step?
The Justice Department plans to appeal the magistrate judge’s decision regarding the detention of Chauntyll Allen and Nekima Levy Armstrong, and could potentially pursue other avenues to charge Don Lemon.
As the Justice Department pursues its case, will the courts continue to prioritize First Amendment rights in the face of federal pressure?
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