30 Charged in Minnesota Church Protest of ICE Actions

The Justice Department announced charges against 30 additional individuals for their involvement in a January protest at Cities Church in St. Paul, Minnesota. This action expands a criminal civil rights case that already includes journalist Don Lemon and fellow journalist Nekima Levy Armstrong.

Attorney General Pam Bondi stated that 25 of the 30 individuals have been arrested, with more arrests anticipated. The original nine defendants, including Lemon and Levy Armstrong, have all pleaded not guilty.

The Charges

The superseding indictment does not add any new criminal charges. All 39 individuals, including the newly charged, are accused of violating two civil rights laws. One charge is a misdemeanor offense under the Freedom of Access to Clinic Entrances Act (FACE Act), which prohibits intimidating or interfering with those exercising their religious freedom. The other is a felony charge of conspiring to interfere with individuals’ religious rights.

Legal Perspectives

Doug Wardlow, an attorney representing Cities Church, believes the indictment sends a message that houses of worship are protected from political agendas and intimidation. However, former Justice Department civil rights attorneys have expressed concerns about the case’s strength, suggesting it could be dismissed.

These attorneys argue that the application of the FACE Act to houses of worship misinterprets First Amendment rights. The First Amendment protects religious freedom from government interference, but does not prevent interference by private individuals. The FACE Act was originally passed in 1994 to address threats at reproductive health clinics, and has primarily been used in cases involving access to medical care at those facilities, due to the impact on interstate commerce.

Previous Rejections and Grand Jury Proceedings

Prior to the initial indictment, the Justice Department’s attempt to charge some defendants with criminal complaints was rejected by a magistrate judge, who cited a lack of probable cause for arrest warrants, including those against the journalists. The same judge also rejected the FACE Act charge against several other defendants on the same grounds.

Lemon and Levy Armstrong have requested the court consider disclosing grand jury transcripts, a rare occurrence due to grand jury secrecy rules. They allege the government’s actions have been politically motivated and inconsistent with local practices, noting that multiple judges previously declined charges against them. They claim the government pursued the prosecution after a demand from former President Trump.