A federal magistrate judge has declined to sign off on charges against Don Lemon, the former CNN anchor, in connection with a protest at a church in Minnesota over the weekend, according to a source familiar with the matter.
The source said the decision “enraged” Attorney General Pam Bondi, as reported by NBC News and CNN. The refusal comes after Donald Trump and his allies called for Lemon’s arrest following his attendance and broadcast of a demonstration at Cities Church in St Paul, where protesters interrupted a service because a pastor was the acting field director of a local ICE office.
Abbe Lowell, Lemon’s attorney, said his client was engaged in constitutionally protected activity. “The magistrate’s reported actions confirm the nature of Don’s first amendment protected work this weekend in Minnesota as a reporter,” Lowell said in a statement. “Should the Department of Justice continue with a stunning and troubling effort to silence and punish a journalist for doing his job, Don will call out their latest attack on the rule of law and fight any charges vigorously and thoroughly in court.”
Federal prosecutors typically seek a magistrate’s approval of probable cause before a grand jury indictment. Andrew Tessman, a former federal prosecutor, described the rejection as “extremely rare”. He added, “I really have not heard of it happen before. Usually just because the prosecutor is usually very careful about alleging all the supporting facts that would support a charge.”
Trump commented on the incident earlier this week, saying, “I saw him the way he walked in that church, it was terrible… What they did in that church was horrible.” Bondi announced two protesters had been arrested on Thursday, stating, “WE DO NOT TOLERATE ATTACKS ON PLACES OF WORSHIP.”
