DOJ defies judge, arrests Don Lemon and other journalists covering church protest
Federal judge rejects FACE Act charges, DOJ bypasses ruling with grand jury
Federal judge rejects FACE Act charges, DOJ bypasses ruling with grand jury
U.S
Magistrate Judge Douglas Micko rejected DOJ requests for arrest warrants against five people, including Don Lemon, in connection with the Jan. 18, 2026 disruption at Cities Church in St. Paul, Minnesota
Micko, a former federal public defender appointed to the bench in Apr. 2023, found no probable cause to support FACE Act charges against protest organizers Nekima Levy Armstrong and Chauntyll Louisa Allen He approved only conspiracy charges against three of eight defendants.
U.S. Magistrate Judge, District of Minnesota
Found no probable cause for FACE Act charges against protest organizers. Crossed out the FACE Act charge on arrest warrants, writing 'NO PROBABLE CAUSE' in the margin. Declined to sign arrest warrants for five of eight defendants DOJ sought to arrest, including Don Lemon. Directed DOJ to seek grand jury indictments instead of expedited review.
Chief U.S. District Judge, District of Minnesota
Bush appointee and former Scalia clerk who ordered all three detained protesters released on their own recognizance. Ruled DOJ hadn't proved defendants engaged in crimes of violence. Wrote that the U.S. Attorney's request for district court review of the magistrate's decision was 'unheard of in our district.'
Assistant Attorney General for Civil Rights
Head of DOJ's Civil Rights Division who vowed to prosecute every protester. Stated DOJ is 'investigating potential violations of the federal FACE Act by these people desecrating a house of worship.' Committed to using 'the fullest force of the federal government' against participants.
U.S. Attorney for the District of Minnesota
Personally called the court after Magistrate Micko refused to sign arrest warrants, demanding review by a district judge. Filed emergency petition with the Eighth Circuit seeking to compel the lower court to sign warrants.
Minnesota Attorney General
Publicly rejected DOJ's legal theory, arguing FACE Act was designed solely for reproductive rights protection. His office employs Caitlin Micko, the magistrate judge's wife, creating conflict-of-interest questions.
Protest organizer, civil rights activist
Led the 'Operation Pullup' protest at Cities Church. Charged with conspiracy to violate civil rights; FACE Act charges rejected by magistrate. Her attorney called the prosecution 'fascism' and weaponization of federal power against First Amendment activity.
Essential concepts and terms to understand this topic
A constitutional rule preventing the federal government from forcing state or local officials to enforce federal law.
Process by which most Bill of Rights protections apply to state governments through the Fourteenth Amendment's due process clause.
Government cannot punish expression except for narrow exceptions like threats and incitement.
First Amendment protection for the right to practice religion without government interference.
First Amendment protection for people to gather in groups for protest or advocacy.
Content-neutral government limits on when, where, or how speech and protests occur.
Federal courts' constitutional authority to hear cases involving federal law, treaties, and the Constitution itself.
First Amendment ban on government forcing individuals to express particular messages or viewpoints.
Read the FACE Act statute to understand its dual purpose
learning more
The full text of 18 U.S.C. 248 shows how the 1994 law protects both reproductive health facilities AND places of religious worship from force, threats, or obstruction.
Review FIRE analysis of First Amendment limits on protest disruption
understanding
FIRE explains why entering private property to disrupt religious services isn't protected by the First Amendment, regardless of the protesters' political views.
Contact your U.S. Representative about FACE Act enforcement disparities
civic action
Between 1994-2024, 205 of 211 FACE Act cases targeted pro-life activists. Ask your representative whether the law should be applied consistently regardless of the protesters' political views.