The 8th Circuit Court of Appeals has rejected an emergency request from the Justice Department to force the issuance of arrest warrants for former CNN anchor Don Lemon and four others involved in a disruptive protest at a church in St. Paul, Minnesota.
The incident occurred last weekend at Cities Church, where protesters interrupted a Sunday service to oppose the Trump administration’s deportation efforts in the state. Demonstrators targeted the church after learning that one pastor appeared to serve as a local field director for Immigration and Customs Enforcement (ICE). Videos of the disruption spread quickly online, drawing sharp criticism from President Donald Trump and his allies.
Federal prosecutors sought arrest warrants for eight individuals connected to the protest, charging them under civil rights laws for allegedly interfering with churchgoers’ freedom to practice religion. Magistrate Judge Douglas Micko reviewed the requests and found probable cause for only three: civil rights advocates Nekima Levy Armstrong, Chauntyll Louisa Allen, and William Kelly. Those three were arrested earlier this week and later released. Micko rejected warrants for the remaining five, including Lemon and his producer, citing insufficient evidence of criminal conduct. He noted that Lemon and his producer were present as journalists covering the event, not as active participants in any disruption.
The Justice Department, led by Attorney General Pam Bondi, reacted strongly to the magistrate’s decision. Reports indicated that Bondi was “enraged” by the refusal to approve charges against Lemon, a longtime critic of Trump. Prosecutors quickly appealed, first asking Chief U.S. District Judge Patrick Schiltz to overrule Micko. Schiltz, a George W. Bush appointee, called the request “unprecedented” and “unheard of” in the district or elsewhere in the 8th Circuit.
In letters to the appeals court, Schiltz sharply criticized the DOJ’s approach. He emphasized that there was “absolutely no emergency,” describing the protesters’ worst alleged behavior as “yelling horrible things” without any violence. He rejected claims that delaying action would lead to “copycat” disruptions at churches or synagogues, dismissing the idea that judges must accept government assertions on national security simply “because they said it, and they are the government.” Schiltz also pointed out that Lemon and his producer did not appear to engage in criminal acts or conspiracy, distinguishing them from actual protesters.
Frustrated by the delay, the Justice Department escalated the matter to the 8th U.S. Circuit Court of Appeals, seeking a rare writ of mandamus to compel Schiltz to approve the warrants immediately.
On Friday, January 24, 2026, a three-judge panel denied the request. The panel included Judge Jane Kelly (Obama appointee), Judge Steven Grasz (Trump appointee), and Judge Jonathan Kobes (Trump appointee). Judges Kelly and Kobes provided no explanation for the denial. In a concurring opinion, Judge Grasz wrote that he believed the evidence showed “clearly” sufficient probable cause to charge all five, but he agreed intervention was unnecessary because the government had other options, such as refining its affidavits or seeking a grand jury indictment. (No federal grand jury was scheduled to convene in Minnesota until January 27.)
Lemon’s attorney, Abbe Lowell, defended his client’s actions as protected First Amendment journalism, calling the DOJ’s pursuit “a stunning and troubling effort to silence and punish a journalist for doing his job.” Lemon, now working independently, had been on the scene reporting and interviewing the pastor.
The ruling represents a setback for the Trump administration’s aggressive enforcement push in Minnesota amid widespread protests, ICE detentions, and related tensions—including a separate fatal shooting by federal agents that same weekend. The DOJ could still pursue charges through revised filings or a grand jury, but the judicial rebukes highlight skepticism toward the urgency and evidence presented so far. Spokespeople for the Justice Department and Lemon did not immediately comment on the appeals court decision.