A federal magistrate judge in Minnesota has refused to authorize criminal charges against independent journalist Don Lemon following his involvement in a controversial protest inside a St. Paul church, dealing an early setback to the Justice Department’s aggressive enforcement push tied to immigration protests.
According to multiple sources familiar with the proceedings, U.S. Magistrate Judge Douglas Micko declined to approve a criminal complaint targeting Lemon over his presence at a protest that disrupted a Sunday church service amid ongoing demonstrations against Immigration and Customs Enforcement operations in the Twin Cities.
The decision comes as federal authorities have surged prosecutors and law enforcement personnel into Minnesota, a move that has drawn national attention and raised constitutional questions. While Lemon was not charged, the Justice Department signaled the matter may not be closed and could explore alternative legal avenues.
Lemon’s attorney said the judge’s refusal confirms that Lemon’s actions were protected journalistic activity under the First Amendment, warning that any further attempt to prosecute him would represent an effort to silence a reporter.
The same judge partially blocked charges against two other protesters arrested in connection with the incident. While the individuals were charged under a federal civil rights conspiracy statute, the magistrate rejected additional allegations under the Freedom of Access to Clinic Entrances Act, writing that prosecutors failed to establish probable cause. Arrest warrants reviewed by the court showed those rejected charges physically crossed out.
Tensions flared during the court proceedings when prosecutors admitted they had not yet provided arrest warrants to the defendants or their lawyers. The judge halted the hearing until the documents were produced and later rejected government requests to detain the defendants, ordering their release under strict conditions.
Federal prosecutors argued the protest constituted violent conduct, a claim the judge openly disputed, stating he found no evidence of force or threats. Defense attorneys criticized what they described as unequal application of due process and vowed to challenge the government’s appeal seeking detention.
The protest took place after demonstrators learned that an ICE official was affiliated with the church. Lemon, a former national television anchor, attended and documented the event, later emphasizing constitutional protections for speech, protest, and assembly.
The case unfolds against the backdrop of escalating federal immigration enforcement in Minnesota and growing judicial resistance to what some judges have characterized as constitutionally flawed prosecutions. Similar pushback has emerged in other jurisdictions where federal authorities have pursued sweeping arrest strategies, only to see judges and grand juries reject a growing share of cases.
A ruling on the Justice Department’s appeal is expected soon.
