Appeals court finds probable cause to arrest former CNN host Don Lemon over anti-ICE riot

 January 24, 2026

A federal appeals court has delivered a pivotal ruling on charges against former CNN host Don Lemon, tied to a disruptive anti-ICE protest in Minneapolis.

The Daily Wire reported that on Friday, the U.S. Court of Appeals for the Eighth District found probable cause to charge Lemon and four others for their involvement in storming Cities Church in Minneapolis last weekend, though it declined to compel a Minnesota judge to issue arrest warrants, with the decision unsealed on Saturday.

The Justice Department, pushing for charges under the FACE Act, which protects religious freedom, saw its request to force five arrest warrants denied by the court. Separately, Minneapolis faced further unrest Saturday morning when federal agents fatally shot an armed man during a targeted operation.

Critics of the progressive agenda argue that this case exposes the limits of activist-driven disruptions. The storming of Cities Church last Sunday, led by anti-ICE protesters including Lemon, targeted a pastor allegedly tied to Immigration and Customs Enforcement. Such actions, they contend, infringe on sacred spaces under the guise of protest.

Lemon’s attorney claims First Amendment protection, asserting he was there as an independent journalist covering the event. The Justice Department, however, alleges he coordinated with protest leaders beforehand. That’s a distinction worth dissecting when sacred rights clash with alleged trespass.

Deputy Attorney General Todd Blanche didn’t mince words earlier this week on press freedoms. “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,” Blanche stated. If true, this undercuts Lemon’s defense faster than a house of cards in a windstorm.

Justice Department Vows Relentless Pursuit

The Justice Department isn’t backing down, vowing on Friday to pursue Lemon “to the ends of the Earth.” That’s a bold stance, but without a warrant from Magistrate Judge Doug Micko—who refused to sign off due to insufficient evidence—it’s more bark than bite for now.

The Trump administration’s use of the FACE Act, previously wielded against pro-life activists, signals a firm line on protecting religious spaces.

Assistant Attorney General Harmeet Dhillon teased more to come, posting “Stay tuned 🤨” on X. Is that confidence or a cliffhanger? Either way, the next move—be it a grand jury indictment or a magistrate judge review—will test the administration’s resolve.

Meanwhile, three organizers of the church protest, including Black Lives Matter activist Nekima Levy Armstrong, have already been arrested by the FBI. That’s a signal the feds aren’t playing around when it comes to holding participants accountable. But Lemon’s case remains the lightning rod.

As the legal drama unfolded, Minneapolis saw more turmoil Saturday morning with a fatal shooting by federal agents. The Department of Homeland Security described it as a “targeted operation” against a man wanted for violent assault, armed with a semi-automatic handgun. Video showed agents attempting to detain him before the deadly encounter.

Homeland Security stated the agent fired out of fear for his life and others’. When a loaded weapon enters the equation, split-second decisions often define the outcome.

This incident, though unrelated to Lemon’s case, underscores the city’s simmering tensions.

Back to the church storming, the FACE Act’s application here raises questions about selective enforcement. Used by the prior administration against pro-life groups blocking clinic access, its deployment now against anti-ICE activists suggests a shift in priorities. Consistency in law matters, lest it look like a political tool.

Balancing Rights and Accountability

Lemon’s involvement, if proven to be more than journalistic, could set a precedent on where protest ends and disruption begins.

Houses of worship aren’t public squares for political stunts, no matter the cause. That’s a principle worth defending, even if empathy for genuine grievances remains.

The appeals court’s refusal to force warrants keeps this saga open-ended, balancing judicial independence with federal pressure. It’s a reminder that probable cause isn’t a conviction, and Lemon deserves his day in court, not a premature verdict. Still, the message to activists is clear: tread carefully on sacred ground.

What happens next in Minneapolis—both in courtrooms and on the streets—will shape how far protest rights stretch. The Justice Department’s pursuit, paired with Saturday’s deadly operation, paints a city on edge. For now, all eyes are on whether charges stick or if this becomes another flashpoint in a divided era.


About Maria Reese Paul

Maria is a staff writer covering conservative politics, policy, and culture with a focus on Washington’s most pressing debates for Heritage Review. She is Passionate about amplifying voices often overlooked in mainstream media.

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