Legal Tensions Surround Don Lemon's Coverage of Anti-ICE Protest in Minnesota

On January 18, 2026, a protest against U.S. Immigration and Customs Enforcement (ICE) erupted inside Cities Church in St. Paul, Minnesota, where Pastor David Easterwood is alleged to also serve as an ICE official. Activists interrupted a church service, chanting slogans such as "ICE out" and "Justice for Renee Good," referring to a local woman fatally shot by an ICE officer earlier that month. Among those present was journalist Don Lemon, who livestreamed the event for his independent media platform, asserting he was there solely in his capacity as a reporter.

Don Lemon Dares DOJ After Minnesota Church Protest to “Make Me the Next Jimmy Kimmel”

Following the protest, the U.S. Department of Justice (DOJ) sought to charge Lemon along with four others for allegedly infringing on the churchgoers' rights to practice their religion. However, U.S. Magistrate Judge Douglas Micko declined to sign the arrest warrants, citing a lack of probable cause. This decision drew ire from Attorney General Pam Bondi, who expressed her frustration publicly, stating that the DOJ would continue to pursue charges against Lemon and others involved.

Appeals court declines to order lower court to sign arrest warrants against Don Lemon, others in church protest

The case escalated when the DOJ appealed to the U.S. Court of Appeals for the Eighth Circuit, which acknowledged probable cause for the charges but ultimately refused to compel the lower court to issue the warrants. The court's ruling highlighted the unusual nature of the DOJ's request for immediate judicial action, which typically would be resolved through improved documentation or a grand jury indictment.

U.S. Appeals Court Finds Probable Cause Against Journalist Don Lemon, No Warrants Issued

Judge Micko emphasized that the worst behavior alleged against the protesters was "yelling horrible things," and he found no evidence of violence. He noted that Lemon and his producer were not protestors but journalists documenting the event. Lemon's attorney, Abbe Lowell, stated that the magistrate's decision confirmed Lemon's actions were protected under the First Amendment.

Judge rejects Justice Department’s initial attempt to bring charges against Don Lemon

In contrast, Assistant Attorney General for Civil Rights Harmeet Dhillon criticized the magistrate's ruling, asserting that the DOJ had sufficient evidence to pursue charges under the Freedom of Access to Clinic Entrances Act (FACE Act), which protects religious spaces from obstruction. Dhillon indicated that the DOJ would explore other avenues to charge Lemon, including seeking a grand jury indictment.

The DOJ Will Continue Pushing for Criminal Charges Against Don Lemon

Critics of the DOJ's actions argue that the attempt to charge Lemon represents a troubling effort to suppress journalistic freedoms. Legal experts have raised concerns about the implications of prosecuting a journalist for covering a protest, suggesting it could set a dangerous precedent for press rights. The situation has sparked a broader debate about the balance between civil rights and governmental authority, particularly in the context of protests against immigration policies.

U.S. Appeals Court Finds Cause to Charge Don Lemon, Avoids Ordering Arrest

While the Eighth Circuit found probable cause for the charges, the magistrate's refusal to issue warrants has led to questions about the DOJ's motivations and the potential influence of political pressures. The relationship between Judge Micko and Minnesota Attorney General Keith Ellison, who has publicly criticized the applicability of the FACE Act in this case, has also raised concerns about possible conflicts of interest.

Don Lemon judge faces conflict of interest concerns

The DOJ may choose to draft new affidavits to support the charges against Lemon or seek grand jury indictments. As the legal situation continues to evolve, the case remains a focal point for discussions surrounding press freedoms, civil rights, and the limits of protest in the United States.

U.S. Appeals Court Finds Probable Cause Against Journalist Don Lemon, No Warrants Issued

• “I’m just here photographing, I’m not part of the group… I’m a journalist.” — Don Lemon

Judge rejects Justice Department’s initial attempt to bring charges against Don Lemon

• “I stand proud, and I stand tall. This is not a victory lap for me, because it’s not over. They’re going to try again… And guess what? Here I am. Keep trying. That’s not going to stop me from being a journalist. You’re not going to diminish my voice. Go ahead. Make me into the new Jimmy Kimmel if you want,” — Don Lemon

Don Lemon Dares DOJ After Minnesota Church Protest to “Make Me the Next Jimmy Kimmel”

• “There is absolutely no emergency.” — Chief Judge Patrick Schiltz

Appeals court declines to order lower court to sign arrest warrants against Don Lemon, others in church protest

• “Religious freedom is the bedrock of this country. We will protect our pastors. We will protect our churches. We will protect Americans of faith.” — Attorney General Pam Bondi

JUSTICE SERVED: CHURCH RIOTERS ARRESTED, DON LEMON GETS OFF SCOTT-FREE.

This ongoing legal battle highlights the intricate dynamics between journalism, civil rights, and governmental authority, with significant implications for future protests and media coverage in the United States.

U.S. Appeals Court Finds Cause to Charge Don Lemon, Avoids Ordering Arrest