A magistrate judge in Minnesota has rejected federal charges against former CNN anchor Don Lemon related to a protest that disrupted a church service in St. Paul. The Department of Justice (DOJ) indicated it would continue pursuing charges under the Freedom of Access to Clinic Entrances (FACE) Act against individuals involved in the protest. This decision comes amid concerns over potential conflicts of interest regarding the presiding judge.
Douglas L. Micko, the federal magistrate who declined to approve the criminal complaint, is reportedly married to Caitlin Micko, an assistant attorney general in the office of Minnesota Attorney General Keith Ellison. This connection raises questions about impartiality, especially since Ellison has criticized the DOJ’s application of the FACE Act in this instance. Ellison stated in a January 19 interview that the act is intended to protect the rights of those seeking reproductive health services, questioning its relevance to protests at a church.
The magistrate’s decision to reject charges is unusual in federal court, where judges typically approve arrest warrants at the preliminary stage. The DOJ had moved swiftly to bring charges against Lemon and others involved in the protest, citing video evidence and affidavits that they believe support their case. In a statement, attorney Harmeet Dhillon, who is representing Lemon, emphasized that the ruling does not eliminate potential legal repercussions for him.
The FACE Act criminalizes actions that “injure, intimidate, or interfere” with individuals obtaining abortions or exercising their religious rights. The DOJ has argued that the church protest, which involved accusations against a pastor of collaborating with Immigration and Customs Enforcement, falls within the scope of this legislation.
In a broader context, the application of the FACE Act has become a topic of contention, particularly during previous administrations. Critics claim it has been wielded primarily against anti-abortion activists, raising concerns about its use against individuals protesting in different contexts, such as religious institutions.
Following the judge’s decision, federal prosecutors announced the arrest of three additional individuals connected to the church protest. These arrests occurred amid scrutiny of the federal government’s approach to such protests, which has faced pushback from judges in Minnesota. As of now, Lemon remains free, having avoided arrest due to the judge’s rejection of the complaint.
The DOJ has indicated that it may seek to revisit the case, either by appealing Micko’s decision or by filing new charges. As this situation develops, legal experts and observers will be watching closely to see how the complexities of the FACE Act are navigated in a politically charged environment.
