January 26, 2026

Last week, tensions flared between the Justice Department and the judiciary over the handling of charges against Don Lemon, a well-known journalist, following his coverage of a protest at Cities Church in Saint Paul. The DOJ's aggressive stance, including an attempt to secure an immediate arrest warrant for Lemon, has sparked a debate on civil liberties and prosecutorial overreach.
The controversy began on January 18, when Lemon livestreamed a protest at a church affiliated with ICE, drawing ire from conservative circles. The DOJ, vowing to prosecute those involved, filed charges against Lemon and several others under the Klan Act and the Freedom of Access to Clinic Entrances Act, controversially applying these laws in what some see as a misuse of power.
Magistrate Judge Douglas Micko, however, refused to issue arrest warrants for most of the accused, including Lemon, citing a lack of probable cause. This decision did not deter the DOJ, which promptly sought to override it by filing a petition for mandamus in the Eighth Circuit, demanding the court compel Judge Micko to issue the warrants.
The appellate court's quick denial of the DOJ's petition highlighted the unusual nature of the government's request. Judge Steven Grasz, while acknowledging the probable cause outlined in the complaint, agreed that the government had other means to proceed, such as seeking a grand jury indictment.
The incident has not only raised questions about the appropriateness of the charges but also about the DOJ's tactics. Critics argue that the focus on securing a highly publicized arrest, rather than ensuring a fair legal process, suggests an attempt to use Lemon's case for political gain.
This case continues to develop, with the DOJ possibly pursuing further legal action. Meanwhile, the community and legal observers are closely watching, concerned about the implications for press freedom and justice in high-profile cases.