By Trendsetter Tribune 
ST. PAUL, MN — In a major legal reprieve for former CNN anchor Don Lemon, a federal magistrate judge on Thursday, January 22, 2026, refused to sign a criminal complaint that would have charged the independent journalist in connection with an anti-ICE protest at a local church. The ruling by U.S. Magistrate Judge Douglas Micko serves as a significant setback for the Department of Justice (DOJ), which has been aggressively pursuing those involved in the disruption of the Cities Church service on January 18.
Lemon’s legal team, led by high-profile attorney Abbe Lowell, hailed the decision as a vindication of press freedoms under the First Amendment.
The Ruling: “No Probable Cause”
The DOJ sought to charge Lemon under the FACE Act (Freedom of Access to Clinic Entrances), which also protects the right to exercise religious freedom in houses of worship without interference.
- The Judge’s Determination: Judge Micko found there was “no probable cause” to believe Lemon’s presence at the church—where he was livestreaming and interviewing participants—constituted a criminal act of intimidation or obstruction.
- The Conflict: While prosecutors argued Lemon was a “coordinator” of the protest, his defense maintained he was acting purely as a reporter. In a video posted to social media, Lemon stated, “That’s it. That’s called journalism.”
- Contrast with Activists: While the judge rejected the bid to charge Lemon, he did approve charges against several activists, including prominent civil rights attorney Nekima Levy Armstrong.
The Incident: “ICE Out” at Cities Church
The legal battle stems from a Sunday service disruption that has become a national flashpoint for immigration policy and religious liberty.
- The Target: Protesters targeted Cities Church after discovering that one of its pastors, David Easterwood, also serves as a high-ranking official for Immigration and Customs Enforcement (ICE).
- The Protest: Demonstrators entered the sanctuary chanting “ICE Out” and “Justice for Renee Good,” referring to a mother of three recently killed by an ICE officer in Minneapolis.
- The Context: The disruption occurred during the Trump administration’s “Operation Metro Surge,” a massive federal immigration enforcement initiative that has faced fierce local opposition in Minnesota.
The DOJ’s “Vengeance” Campaign?
The case has drawn intense criticism from civil rights groups and press advocates who argue the DOJ is being “weaponized” to silence dissent.
- Attorney General Intervention: Attorney General Pam Bondi reportedly spent two days in Minnesota personally overseeing the effort to surge prosecutorial resources toward the case.
- Surprise Arrests: Despite the judge’s initial rejection, the situation remains volatile. On January 29, federal agents arrested Lemon in a Los Angeles hotel lobby after a grand jury reportedly returned a separate indictment, bypassing Judge Micko’s original ruling.
| Date | Event | Outcome |
| Jan 18, 2026 | Church Protest | Service disrupted; Lemon livestreams event. |
| Jan 22, 2026 | Legal Win | Judge Micko rejects initial criminal complaint against Lemon. |
| Jan 29, 2026 | Surprise Arrest | Lemon taken into custody in L.A. on new grand jury indictment. |
| Feb 13, 2026 | Arraignment | Lemon pleads not guilty in St. Paul federal court. |
What’s Next?
Don Lemon and his co-defendants are currently scheduled for further hearings throughout March 2026. Legal experts predict a protracted battle over whether the FACE Act—originally designed for reproductive clinics—can be constitutionally applied to journalists covering protests inside churches.
Meanwhile, a congregant of Cities Church filed a civil lawsuit on February 24, 2026, against Lemon and the activists, seeking damages for “emotional distress” caused by the interruption of worship.