As the fallout continues from Sunday’s anti-ICE protest at a Minnesota church, Don Lemon, who was covering the event, has not been charged, despite Justice Department attempts to pursue criminal charges against him. Several other participants in the protest have been arrested and face serious federal charges for the controversial demonstration.

Charges against Lemon rejected by judge

Politico reported that a magistrate judge rejected requests from federal prosecutors to charge the noted journalist in connection with Sunday’s protest at Cities Church in St. Paul, Minnesota. Lemon’s name initially appeared on a federal court docket examined by Politico, but the case was later removed. The Justice Department did not publicly comment on the rejection of the case against Lemon, but U.S. Attorney General Pam Bondi was “enraged at the magistrate judge’s decision,” according to a source who spoke on the matter, per Politico. Attorney Abbe Lowell, who represents Lemon, stated, “The magistrate’s reported actions confirm the nature of Don’s First Amendment protected work this weekend in Minnesota as a reporter,” and described Lemon’s activities at the church as “no different than what he has done for more than 30 years” as a journalist, Politico reported.

As Blavity previously reported, activists affiliated with several groups entered the Southern Baptist Church in St. Paul on Sunday to protest Immigration and Customs Enforcement activities in the state, alleging that a pastor at the church also worked as a local ICE official. Lemon was also present, interviewing protesters and members of the church before and during the demonstration. Officials within the Department of Justice quickly pledged to pursue criminal charges against the protesters and included Lemon among them, seeming to reject his claims that he was reporting on the event rather than participating in it. For now, it seems that a judge has sided with Lemon’s position.

While Lemon has not been charged for the protest, three others were arrested Thursday. Nekima Levy Armstrong, William Kelly and Chauntyll Allen were taken into custody, with images of their arrests posted on social media. The Trump administration has been criticized after it was revealed that the White House posted a digitally altered photo of Armstrong’s arrest, which was manipulated to darken her skin and to make it appear as if she was sobbing, when in reality she maintained a stoic expression as authorities took her into custody.

The Department of Homeland Security posted a video of officers arresting Allen, who is a St. Paul School Board member. DHS said in the post that she “has been charged with conspiracy to deprive rights for her role in the St. Paul church riots.”

According to one post, Kelly was taken into custody at gunpoint by over a dozen officers despite having agreed to surrender voluntarily.

Kelly, a military veteran, had earlier in the week compared the current situation in the United States to “1939 Nazi Germany.”

The arrests came as Vice President JD Vance visited Minneapolis on Thursday amid criticisms of the federal ICE operation in Minnesota, including the fatal shooting of Renee Good by an ICE agent. During his appearance, Vance echoed President Donald Trump’s admission that ICE had made “mistakes,” but Vance blamed any errors on “what Minneapolis authorities are doing to prevent ICE from doing their jobs.” Minnesota officials who have been vocal in their opposition to ICE activities in the state, including Gov. Tim Walz and Minneapolis Mayor Jacob Frey, are being investigated by federal authorities, according to NBC News.

Vance’s words further indicate that the Trump administration is doubling down on its ICE operation in Minnesota, and Thursday’s arrests show that the administration is aggressively going after individuals involved in protesting the intervention. While Don Lemon appears to have been protected by the First Amendment, others face serious legal issues for engaging in a controversial protest against ICE.