A federal magistrate judge in Minnesota has refused to approve a Justice Department request to charge journalist Don Lemon in connection with a protest that disrupted a church service in St. Paul earlier this month.
Lemon, an openly gay former CNN anchor, attended the January 18 protest inside Cities Church in St. Paul, where demonstrators confronted church leaders over the role of one of its pastors, David Easterwood, who was reportedly serving as acting field office director for Immigration and Customs Enforcement (ICE) in Minnesota. Lemon said he was present to cover the protest as a journalist and conducted interviews with demonstrators, congregants, and another pastor at the church.
Protesters entered the church during services, prompting congregants and their families to leave. Church leaders said repeated requests for demonstrators to exit were ignored, forcing services to end early. Video footage showed protesters shouting accusations at congregants, including children and youth, according to church officials.
The demonstration was one of several held in Minneapolis and St. Paul opposing the Trump administration’s deployment of ICE and Border Patrol agents to the region as part of a stepped-up immigration enforcement effort. Protesters also called for accountability in the death of Renee Nicole Good, a U.S. citizen and Minneapolis resident who was fatally shot by an ICE officer during a protest on January 7.
The Justice Department announced the arrests of three individuals connected to the church protest: Chauntyll Louisa Allen, a member of the St. Paul School Board; civil rights attorney Nekima Levy Armstrong; and William Kelly. Prosecutors charged Allen and Armstrong with conspiring to interfere with constitutionally protected rights and sought to charge them under the federal Freedom of Access to Clinic Entrances (FACE) Act, which also applies to places of worship.
Federal prosecutors also sought to bring similar charges against Lemon, alleging he had been involved in planning the protest — an accusation Lemon has denied.
On January 22, U.S. Magistrate Judge Douglas Micko, a former federal public defender, declined to sign a complaint charging Lemon. Micko did approve complaints against Allen and Armstrong for conspiracy to interfere with protected rights but rejected a second charge accusing them of using force, threats, or physical obstruction to interfere with religious worship.
As reported by CBS News, Micko crossed out the second charge on arrest warrants for both women, writing “No Probable Cause” in the margin. Attorneys for Allen and Armstrong confirmed the same notation appeared on each warrant. Both women were later released under conditions requiring them to remain in Minnesota, avoid the church property, and refrain from contacting witnesses or victims.
The Minnesota-Wisconsin Baptist Convention, with which Cities Church is affiliated, condemned the protest, accusing demonstrators of interrupting worship services to demand that the congregation denounce federal immigration enforcement and Pastor Easterwood’s alleged role with ICE.
“Despite multiple requests from church leadership for the group to leave, the interference was so significant that services were forced to end prematurely,” the organization said in a statement. “Video footage captured by the protesters themselves and others show them shouting insults and accusations at youth, children, and families. This is an unacceptable trauma.”
The group called on federal, state, and local officials to enforce laws protecting religious freedom and expressed support for prosecuting protesters under the FACE Act.
A source familiar with the Justice Department’s handling of the case told CBS News that Attorney General Pam Bondi was “enraged” by Micko’s refusal to approve charges against Lemon. Another source said prosecutors could still explore other charges.
That possibility was echoed by comments from Harmeet Dhillon, assistant attorney general for the Justice Department’s Civil Rights Division, during an appearance on The Benny Show, a podcast hosted by far-right activist Benny Johnson. Dhillon suggested that Lemon’s claim he was acting as a journalist did not shield him from criminal liability, saying journalism “is not a badge or a shield that protects you from criminal consequences.”
Dhillon declined to comment further when contacted by CBS News.
Lemon’s attorney, Abbe Lowell, said in a statement that Micko’s decision “confirms the nature of Don’s First Amendment protected work this weekend in Minnesota 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,” Lowell said, “Don will call out their latest attack on the rule of law and fight any charges vigorously and thoroughly in court.”
The fatal shooting of Alex Pretti by federal agents during a January 24 protest in Minneapolis has drawn sharp condemnation from LGBTQ lawmakers, as scrutiny grows over the Trump administration’s aggressive immigration enforcement and the conduct of Immigration and Customs Enforcement (ICE).
Pretti, a 37-year-old intensive care unit nurse at a U.S. Department of Veterans Affairs hospital, was using his phone to record the actions of Customs and Border Patrol and ICE officers who had been deployed to Minneapolis amid protests over a surge of federal agents tasked with arresting and deporting non-citizens.
The U.S. Supreme Court on Tuesday signaled it may uphold state bans barring transgender girls and women from competing on female-designated sports teams during oral arguments in two closely watched cases.
Lower courts previously ruled in favor of the two transgender athletes, who challenged bans in Idaho and West Virginia -- two of the 27 states that have enacted laws banning people assigned male at birth from competing on female sports teams.
Proponents of restricting transgender participation argue that people who are assigned male at birth and undergo male puberty prior to transitioning retain physiological advantages that give them an unfair edge over cisgender female competitors.
A federal judge who routinely sides with conservative activists has upheld West Texas A&M University’s ban on campus drag performances, ignoring long-standing precedent and rejecting First Amendment arguments for why the prohibition should be overturned.
West Texas A&M University imposed the ban in 2023, when University President Walter Wendler barred Spectrum WT, the college's LGBTQ student organization, from hosting a campus drag show to raise money for The Trevor Project, the nation's leading LGBTQ suicide prevention organization.
Wendler blocked the show on the grounds that drag is "misogynistic" and mocks women, comparing the art form to blackface. He also maintained there is no such thing as a "harmless drag show," arguing that performers adopt exaggerated gender expressions through makeup, clothing, and prosthetics that stereotype and insult women.
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