Appeals Court Rejects DOJ Bid To Charge Church Protesters

The U.S. Court of Appeals for the Eighth Circuit on Jan. 24, 2026 rejected the Justice Department's request to compel a magistrate judge to approve arrest warrants for five proposed defendants, according to court documents.

The ruling follows a protest inside Cities Church in St. Paul earlier this month over a pastor's alleged connection to Immigration and Customs Enforcement, a confrontation that prompted prosecutors to seek expedited warrants, court filings show.

Assistant Attorney General Harmeet Dhillon of the Justice Department's Civil Rights Division told conservative podcaster Megyn Kelly that the department would pursue charges "to the ends of the Earth," while Don Lemon's attorney Abbe Lowell said Lemon was acting as a journalist, a statement shows.

A federal magistrate judge declined to sign warrants for five proposed defendants but approved charges against three activists—Nekima Levy Armstrong, Chauntyll Louisa Allen and William Kelly—each charged with conspiracy against rights, court records show.

The appeals panel noted prosecutors can still seek grand jury indictments or present additional evidence to the magistrate judge, leaving open further legal action by the Justice Department, according to the opinion.