Appeals Court Finds Probable Cause to Charge Don Lemon, But Rejects DOJ Push for Arrest Warrant
A federal appeals court has found that the Justice Department had probable cause to charge former CNN host Don Lemon and four others in connection to last weekend’s anti-ICE church storming in Minneapolis—but the court refused to compel a lower judge to issue arrest warrants.
The ruling from the Eighth Circuit Court of Appeals was unsealed Saturday. It came after the Justice Department asked the court to override a lower court in Minnesota that had refused to sign the arrest orders. While the ruling did not name the defendants, CBS News sources confirmed Lemon is among them.
Despite the partial win, the ruling did not grant the Trump administration’s request to immediately detain the suspects. Assistant Attorney General for Civil Rights Harmeet Dhillon reacted to the decision on X, writing, “Stay tuned ?.” The DOJ is now expected to seek a grand jury indictment or present charges again to a different judge.
Lemon allegedly joined a group of radical anti-ICE agitators who stormed Cities Church in Minneapolis during Sunday services. The protest was aimed at one of the church’s pastors, who the group claims is affiliated with Immigration and Customs Enforcement. At least three organizers, including BLM activist Nekima Levy Armstrong, have already been arrested by the FBI.
Lemon’s lawyer claimed he was acting as an “independent journalist” and should be protected under the First Amendment. Federal prosecutors disagreed, arguing Lemon had coordinated with the activists in advance of the church invasion.
“Freedom of the press extends to a lot of different areas,” said Deputy Attorney General Todd Blanche earlier this week. “It does not extend to somebody just trespassing and being embedded with a group of rioters and being part of the group that storms inside of a church.”
Magistrate Judge Doug Micko had earlier rejected the DOJ’s arrest warrant request, claiming the evidence wasn’t strong enough to justify immediate detention.
The Trump administration is pursuing charges under the FACE Act, a law originally used by the Biden DOJ to target pro-life demonstrators at abortion clinics. It prohibits interference with Americans exercising their religious freedom—a law the administration now says applies directly to the church invasion in Minneapolis.
The court ruling comes amid fresh unrest in the city following the fatal federal shooting of an armed man during a Saturday morning immigration operation. Video footage shows agents attempting to detain the man, who DHS says was armed with a loaded semi-automatic handgun. The man was fatally shot after resisting arrest and allegedly threatening agents on the scene.
Federal authorities say the shooting was tied to a separate operation targeting an illegal immigrant wanted for violent assault.
The Minneapolis chaos continues to intensify, and the Trump administration’s determination to hold figures like Lemon accountable appears far from over.