The federal prosecution of 39 individuals involved in the January 2026 Cities Church protest has faced significant pushback from the bench, specifically regarding U.S. Attorney General Pam Bondi’s aggressive public messaging.
Magistrate judges in Minnesota have expressed concerns that Bondi’s frequent social media posts—which have labeled the protest a “coordinated takeover-style attack” and explicitly vowed to “find” and “prosecute” those involved—could potentially bias the jury pool or infringe on the due process rights of the defendants.
Judicial Hurdles for the Prosecution
The case has been marked by rare public disagreements between the Department of Justice (DOJ) and the local judiciary:
- Initial Rejection: In late January, Magistrate Judge Douglas Micko initially declined to sign off on the government’s petition to charge journalist Don Lemon and others, forcing prosecutors to seek a grand jury indictment instead.
- Failed Appeal: Federal lawyers subsequently petitioned the 8th Circuit Court of Appeals to bypass the magistrate, but that court also declined to intervene in the charging process.
- Social Media Scrutiny: During recent hearings, defense attorneys have pointed to Bondi’s posts—including one stating, “This Department of Justice STANDS for Christians and all Americans of faith”—as evidence of a politically motivated “show trial” rather than a neutral pursuit of justice.
Latest Legal Actions
On Friday, February 27, 2026, Bondi announced a superseding indictment adding 30 more defendants to the case. Despite the expansion of the charges, the court has maintained a cautious approach:
| Action | Status |
| Arrests | 25 of the 30 new defendants were taken into custody on Friday. |
| Initial Appearances | New defendants appeared before a magistrate judge and were generally released under standard conditions. |
| Evidence Dispute | Defense teams are challenging the inclusion of Facebook posts as “overt acts” of conspiracy, arguing that sharing a protest flyer is protected speech. |
Context of the Protest
The Jan. 18 protest targeted Cities Church because a lead pastor, David Easterwood, is also the acting director of the local ICE field office. The demonstration followed the fatal shooting of Renee Good by a federal agent, an event that has fueled widespread unrest in Minneapolis and St. Paul during the administration’s “Operation Metro Surge.”
