The feds announced three arrests in connection with the anti-ICE protest at Cities Church in St. Paul, Minnesota, but Don Lemon may be off the hook thanks to a stunning ruling.
A federal magistrate judge in Minnesota reportedly rejected the Justice Department’s attempt to charge Lemon over his participation in the incident, which included livestreaming the event, confronting the pastor and some congregants, and interviewing the organizers of the “clandestine operation” that he appeared to have advanced knowledge of.
On Thursday’s show, Megyn was joined by MK True Crime contributor Phil Holloway to discuss the judge’s decision and what it means for the case against Lemon.
The Reports
On Thursday, the FBI and Homeland Security Investigations announced Nekima Levy Armstrong, Chauntyll Louisa Allen, and William Kelly had all been taken into custody for violating the FACE Act when they disrupted Sunday’s church service.
Lemon has tried to distance himself from the protest by claiming he was “committing journalism,” but his livestream commentary about what he knew leading up to the so-called “Operation Pull Up” and his behavior during it have called that into question.
Citing two people familiar with the case, Politico reported federal prosecutors sought to charge the former CNN anchor in connection with the protest but a magistrate judge declined to approve the charge. A federal court docket reviewed by Politico Thursday afternoon apparently included Lemon’s name among eight defendants. A short time later the case disappeared altogether from the public docket.
A source told CBS News that Attorney General Pam Bondi was “enraged” by the judge’s decision, while another person told the outlet the Justice Department could find other avenues to charge Lemon.
What Comes Next
Megyn said the situation has “politics” written all over it. “The reports are that this magistrate judge in Minneapolis has declined to sign a warrant for his arrest, apparently not persuaded by the criminal complaint filed by the DOJ that attempted to make a showing of probable cause,” she explained. “I’m not shocked… at all. I mean, judges almost always sign off on these arrest warrants… [but] this feels political.”
Holloway agreed. “This reeks of politics,” he said. “Merely holding a microphone and calling yourself a journalist might make you a journalist within the meaning of the Fourth Amendment, but it doesn’t mean that you get to use it as a defense to violate other people’s First Amendment rights.”
As Holloway explained, federal magistrate judges are not appointed by the president and do not go through a Senate confirmation process. Instead, they are hired as contractors by the district court judges who are appointed. “They are essentially employees. They get hired from the local community. These are lawyers – probably people with certain political connections – who wound up getting these jobs,” he noted. “So when you factor all this in together, along with the fact that there have been warrants that were issued for other three, I smell politics and it reeks. I believe that is what it is about.”
But as reports have indicated, Holloway said the DOJ does have recourse. “The Justice Department is not stuck here. They can always go to the grand jury and they can get an indictment,” he added. “This magistrate’s word is not and will not be – mark my words – the last one on the subject.”
You can check out Megyn’s full interview with Holloway by tuning in to episode 1,236 on YouTube, Apple Podcasts, or wherever you like to listen. And don’t forget that you can catch The Megyn Kelly Show live on SiriusXM’s The Megyn Kelly Channel (channel 111) weekdays from 12pm to 2pm ET.