Judge Tosses Protest Charge Against Don Lemon
Cities Church is seen in St. Paul, Minn. where activists shut down a service claiming the pastor was also working as an ICE agent, Monday, Jan. 19, 2026 in St. Paul, Minn. (AP Photo/Angelina Katsanis)
A federal magistrate in Minnesota has blocked the Justice Department’s effort to charge independent journalist Don Lemon over an anti-ICE protest inside a St. Paul church. Magistrate Judge Douglas Micko refused to sign a criminal complaint against Lemon related to the Sunday protest, according to multiple sources speaking with CBS News. One source said Attorney General Pam Bondi was “enraged” by the ruling, though others noted prosecutors could still pursue Lemon through other legal channels. Lemon’s attorney, Abbe Lowell, described the magistrate’s decision as proof that Lemon’s reporting was protected and promised to fight any future charges as an attack on press freedom.
Micko also limited the government’s case against two local activists involved in the same protest: St. Paul school board member Chauntyll Louisa Allen and civil rights attorney Nekima Levy Armstrong. Both had been charged with conspiring to interfere with religious freedom, but Micko declined to add a second count under the FACE Act, which addresses the use of force, threats, or obstruction at places of worship. Defense lawyers noted that Allen’s FACE Act charge on her arrest warrant was crossed out with “NO PROBABLE CAUSE” written in the margin.
During a tense hearing, Micko paused proceedings until prosecutors produced arrest warrants, then rejected the Justice Department’s request to detain the women, saying there was no evidence of force despite prosecutors labeling the protest a “crime of violence.” Bondi has claimed that Armstrong organized the demonstration, according to the AP.
Allen and Armstrong were ordered released under conditions, including staying in Minnesota and avoiding the church, though defense attorneys later confirmed they would remain in custody while the Justice Department appeals. A third person, William Kelly, has also been arrested.
The protest erupted after demonstrators learned that an Immigration and Customs Enforcement official was serving as one of the pastors at Cities Church. The demonstration disrupted Sunday services and occurred amid near-daily protests over President Trump’s deployment of ICE and Border Patrol agents to the Twin Cities and the fatal shooting of U.S. citizen Renee Good by an ICE officer. Assistant Attorney General Harmeet Dhillon has suggested Lemon could still face charges, arguing that being a journalist “is not a badge or a shield” against prosecution.
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