Former CNN anchor Don Lemon on Friday asked a federal judge in Minnesota to dismiss criminal charges stemming from his alleged role in a 2024 anti-ICE protest that disrupted a church service, arguing the case amounts to selective and vindictive prosecution.
The U.S. Department of Justice charges Lemon with conspiring to interfere with religious rights and violating the Freedom of Access to Clinic Entrances (FACE) Act, which prohibits force, threats, or physical obstruction intended to interfere with religious freedom at places of worship. Prosecutors allege Lemon participated in a “takeover-style attack” at Cities Church in St. Paul on January 18, 2024, during which demonstrators entered the church during worship services. Lemon has maintained he was present to document the protest.
Lemon, who has pleaded not guilty, is one of several journalists and protesters charged in the case. His legal team filed a motion Friday arguing that the prosecution was politically motivated, citing public statements by then-Attorney General Pam Bondi and other Justice Department officials that they claim targeted Lemon.
Court Rejects Initial Charging Attempt
The Justice Department initially sought to charge Lemon via criminal complaint, but a magistrate judge rejected the effort, citing a lack of probable cause. Prosecutors then pursued an indictment through a grand jury, which returned charges in early 2025. Lemon’s attorneys allege the government ignored a request to arrange an orderly surrender, instead sending agents to his Los Angeles hotel to arrest him.
Legal Arguments and Government Response
Lemon’s motion argues that the prosecution violates his First Amendment rights, claiming it was pursued as “punishment for his reporting” on protests related to Operation Metro Surge in Minnesota. His legal team cited public statements by senior Justice Department officials and former President Donald Trump, whom they allege harbored longstanding animosity toward Lemon.
The Justice Department has not yet publicly responded to the motion to dismiss. If the judge rules against Lemon, the case would proceed to trial on the charges of conspiracy to interfere with religious rights and FACE Act violations.
Background: The Protest and Charges
On January 18, 2024, demonstrators entered Cities Church during a worship service, live-streaming the disruption. The protest was part of a broader series of actions targeting Immigration and Customs Enforcement (ICE) facilities and related operations in Minnesota. The FACE Act has historically been used in cases involving clinic protests but has been applied more broadly in recent years to include religious institutions.
Lemon was among multiple journalists and protesters charged in connection with the incident. His legal team has emphasized that his presence was as a journalist documenting the event, not as a participant in the alleged conspiracy. The case raises questions about the scope of the FACE Act and the circumstances under which it may be applied to protests involving religious institutions.