Don Lemon
Don Lemon visits the anti-ICE protests in Minneapolis Don Lemon/Instagram

In a major legal blow to the Trump administration's 'Operation Iron Gate' crackdown, a federal magistrate judge has refused to sign the criminal complaint against independent journalist Don Lemon following a controversial anti-ICE protest at a St. Paul church.

Judge Douglas Micko, a former federal public defender, ruled on Thursday that there was insufficient probable cause to prosecute the former CNN anchor, who had been livestreaming the demonstration at Cities Church on 18 January 2026.

The decision has reportedly 'enraged' Attorney General Pam Bondi, who has surged federal resources into Minnesota following weeks of civil unrest and the fatal shooting of Renee Good by ICE agents.

Judge Finds No Probable Cause

The Department of Justice (DOJ) sought to charge Lemon in connection with a protest at Cities Church, where demonstrators disrupted a Sunday service to target Pastor David Easterwood, whom they alleged was the acting field director for the local ICE field office.

While the DOJ pursued charges under civil rights statutes, including the FACE Act, Judge Micko found a lack of probable cause to support a criminal case against Lemon.

Sources indicate that Bondi, who has campaigned for 'law and order' in places of worship, was 'enraged' by the magistrate's refusal to authorise the arrest.

The protest occurred on Sunday, 18 January 2026, with the judge's decision to block the charges handed down on Thursday, 22 January.

The incident took place at Cities Church in St. Paul, Minnesota, a city currently experiencing significant unrest following the fatal shooting of 37-year-old Renee Good by an ICE officer on 7 January.

Lemon has steadfastly maintained that his presence at the sanctuary was a protected 'act of journalism.'

Represented by high-powered attorney Abbe Lowell, Lemon argued that he was merely chronicling a newsworthy event for his independent media channels and was not a participant in the disruption.

Lowell stated that the judge's decision 'confirms the nature of Don's First Amendment-protected work,' branding the DOJ's pursuit as a 'troubling effort to silence and punish a journalist for doing his job.'

A 'War of Wills' in Minnesota

The rejection of charges against Lemon marks a rare and significant setback for Attorney General Pam Bondi during her first weeks in office.

Bondi has spent several days on the ground in the Twin Cities, surging federal resources to combat what she describes as 'attacks on places of worship.'

Following the judge's decision, Bondi posted a defiant message on social media, asserting that the government 'will not tolerate' interference with religious freedom and writing in all-caps, 'WE DO NOT TOLERATE ATTACKS ON PLACES OF WORSHIP.'

While Lemon avoided immediate prosecution, the DOJ successfully secured charges against three other individuals involved in the protest, including prominent civil rights attorney Nekima Levy Armstrong and St. Paul School Board member Chauntyll Allen.

Prosecutors alleged that the group conspired to interfere with the congregants' constitutional right to free religious practice under 18 US Code § 241 (Conspiracy Against Rights).

The 'enraged' reaction from the top levels of the Justice Department suggests that federal authorities may still seek an indictment against Lemon via a grand jury, bypassing the magistrate's initial block.

Journalism vs. Conspiracy

The crux of the legal debate rests on whether a journalist's 'embedding' with protesters constitutes participation in a criminal conspiracy.

Assistant Attorney General Harmeet Dhillon argued that Lemon's prior knowledge of the protest's intent stripped him of his First Amendment shield.

'Nor does the First Amendment protect your pseudo-journalism of disrupting a prayer service,' Dhillon stated, placing the journalist 'on notice' during a national television appearance.

Supporters of Lemon, including Minnesota Attorney General Keith Ellison, have countered that the federal government is 'stretching' laws like the FACE Act, originally designed to protect reproductive health clinics, to target political dissent.

Ellison notably criticised the crackdown, stating that leading a congregation while directing an agency that 'inflicts fear' is a conflict that journalists have every right to cover.

As the DOJ mulls its next move, the case has become a national flashpoint for the boundaries of press freedom and the sanctity of religious spaces in an increasingly divided 2026 political landscape.

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