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January 30, 2026court rulingRule of LawPress FreedomCivil LibertiesImmigration Policycivil rightsjudiciarypress freedom

Federal magistrate rejects DOJ FACE Act charges against Don Lemon; DOJ arrests him anyway

US Magistrate Judge Douglas Micko rejected the DOJ complaint against Don Lemon on January 22, writing "No Probable Cause" in the margin on FACE Act charges, citing lack of evidence that Lemon participated in physical obstruction of religious worship. Despite this rejection, DOJ proceeded to arrest Lemon on January 30 under revised charges including conspiracy against rights of religious freedom. Minnesota Attorney General Keith Ellison publicly stated that the anti-ICE protesters had not violated the FACE Act, as the law protects access to religious services and the protesters were targeting the ICE field director pastor's dual role.