Appeals Court Denies Justice Dept.’s Arrest Warrant Request for Don Lemon
A recent decision by a federal appeals court has denied the Justice Department’s request for arrest warrants for journalist Don Lemon and four others in connection with a church protest in Minneapolis. This unusual petition marked an aggressive move by the Trump administration, prompting significant opposition from the Minnesota judiciary.
Details of the Case
The dispute began when federal prosecutors presented a criminal complaint to Magistrate Judge Douglas L. Micko. They sought arrest warrants linked to a disruption of a church service in St. Paul, Minnesota. The church protest was organized because the pastor also served as a U.S. Immigration and Customs Enforcement (ICE) official.
Warrants Approved and Denied
- Judge Micko issued warrants for three individuals: Nekima Levy Armstrong, Chauntyll Louisa Allen, and William Kelly.
- However, he declined to approve warrants for Lemon and four others, citing lack of probable cause.
Responding swiftly, U.S. Attorney Daniel N. Rosen petitioned the district’s chief judge, Patrick J. Schiltz, to challenge Judge Micko’s ruling. This uncommon step raised eyebrows, as it is standard for governments to either refine their affidavits or pursue grand jury indictments if they disagree with a magistrate’s decision.
Judicial Response
Judge Schiltz found the federal government’s request for a judge to review a magistrate’s warrant denial unprecedented in Minnesota. He noted that other judges had no recollection of similar petitions. The judge emphasized that three individuals denied warrants had not committed violence but were accused of verbal misconduct.
In communications with the Justice Department, Judge Schiltz identified the need for further discussion before pursuing the matter. He emphasized that the urgency cited in the department’s request did not constitute a legitimate emergency.
Urgency Claims
The Justice Department characterized the warrants as urgently necessary, warning of potential threats to places of worship. They expressed concerns that failure to act could lead to “copycat raiders” during the coming weekend.
Final Ruling by Appeals Court
The Eighth Circuit Court of Appeals ultimately denied the Justice Department’s emergency request. They issued a brief one-page order without extensive reasoning. It remains uncertain what actions, if any, the Justice Department will take next in pursuit of the contentious warrants.
Overall, this case reflects broader tensions between the Trump administration and federal judges, particularly regarding immigration enforcement and protest-related incidents. With challenges mounting, the implications for press freedom and governmental power continue to unfold.