Appeals Court Denies Justice Department Bid to Force Arrest Warrants for Don Lemon

A federal appeals court on Friday rejected the Justice Department’s request to compel a judge to issue arrest warrants for journalist Don Lemon and four others in connection with a church protest in the Minneapolis area last week. Magistrate Judge Douglas L. Micko had found probable cause to issue warrants for three people — Nekima Levy Armstrong, Chauntyll Louisa Allen and William Kelly — who were taken into custody, but he refused to approve warrants for five others, including Mr.

Lemon and his producer, court papers said. The protest targeted a church whose pastor apparently also works as a U.S. Immigration and Customs Enforcement official. U.S. Attorney Daniel N. Rosen asked a district judge to review Judge Micko’s decision, a move Chief Judge Patrick J. Schiltz called “unheard-of” and, in court filings, the petition was labeled “frivolous.” Judge Schiltz rejected the Justice Department’s characterization of the situation as a “national security emergency,” saying there was no evidence that Mr.

Lemon or his producer had engaged in criminal behavior and that some defendants were accused only of shouting at church members. The Justice Department instead petitioned the U.S. Court of Appeals for the Eighth Circuit, arguing warrants were urgently needed to guard against “concrete, credible threats” and possible copycat raids; a three-judge panel denied that emergency request in a single-page order.

It is unclear what the department will do next to try to obtain the warrants.

Key Topics

Politics, Don Lemon, Minneapolis, St. Paul, Justice Department, Eighth Circuit