A senior Justice Department official vowed that the Trump administration would keep pressing for criminal charges against Don Lemon after a federal magistrate blocked an indictment against the ex-CNN anchor.
“We are going to do it because that’s what is required for justice here,” Harmeet Dhillon told SiriusXM’s “The Megyn Kelly Show” on Friday.
Dhillon, the assistant attorney general for civil rights, said the DOJ is weighing the use of the Freedom of Access to Clinic Entrances Act, a 1994 federal law that also covers interference with religious worship, as well as conspiracy statutes.
According to Dhillon, DOJ prosecutors have already developed “the predicates for pursuing FACE Act and conspiracy” charges based largely on Lemon’s own videos and statements.
Dhillon said federal prosecutors moved “aggressively and very rapidly” after reviewing footage Lemon posted of himself during the Sunday protest inside Cities Church in St. Paul, Minn., where activists disrupted a worship service.
Lemon’s lawyer Abbe Lowell promised to fight any future prosecution in court.
“The magistrate’s reported actions confirm the nature of Don’s First Amendment protected work this weekend in Minnesota as a reporter,” the attorney said in a statement. “It was no different than what he has done for more than 30 years, reporting and covering newsworthy events on the ground and engaging in constitutionally protected activity as a journalist.”
If DOJ continues “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,” Lowell added.
Dhillon said DOJ teams were sent “to the ground,” collected affidavits and evidence and relied on what she described as Lemon’s “admissions against interest in his own videos.”
“For 48 hours between the time that we sought these arrest warrants and the time that we were able to make arrests,” Dhillon said, the department was forced to remain silent after a magistrate refused to sign off on part of the government’s request.
“He is not out of legal jeopardy,” Dhillon said of Lemon.
“He has lawyered up. He has a prominent lawyer, and we’re going to pursue this to the ends of the Earth.”
The protest at the center of the case erupted after the fatal shooting of Renee Nicole Good, a 37-year-old US citizen who was killed during an ICE enforcement operation earlier this month.
Anti-ICE activists staged a coordinated demonstration at Cities Church, which protesters targeted after alleging one of its pastors also worked as a senior ICE official.
Dozens of demonstrators entered the sanctuary during the service, chanting and confronting church leaders as congregants — including families and children — looked on.
Lemon livestreamed the incident for his independent media platform, moving in and out of the church while filming demonstrators and clergy.
He has repeatedly insisted he was acting solely as a journalist and not as an organizer or participant.
Federal authorities arrested two protest organizers this week, charging them in connection with the disruption. Lemon has not been charged.
Dhillon lashed out at Minnesota Attorney General Keith Ellison, who publicly questioned whether the FACE Act applies to houses of worship.
“That’s blatantly wrong,” Dhillon said. “It’s right there in the statute, and I’ve actually used it in court already.”
She said this is the second time the DOJ has invoked the FACE Act in cases involving churches, calling Ellison’s comments “ignorant” and a “conflict of interest.”
She also accused the magistrate judge who declined to approve charges related to Lemon of showing bias.
“I won’t say judge, because a magistrate is an inferior officer, not an Article III judge,” Dhillon said. “This magistrate clearly exhibited bias in his rulings, and they’re very disappointing.”
Dhillon promised the case is far from over.
“We are not giving up the fight here at all,” she said. “I intend to go after every single one of them.”
She said investigators have so far identified only a handful of people involved in what she described as a mob action.
“None of the people who invaded this house of God and harassed and frightened children and families is going to go unpunished,” Dhillon said.
Dhillon said the DOJ is now looking beyond the individuals already charged to determine who organized and financed the protest.
“We’re going to have more questions about how this was organized, who organized it, who funded it, and what else is being done by this group of people invading churches,” she said.
During a second appearance discussing the case, Dhillon rejected Lemon’s claim that he is being treated unfairly or targeted because of his race.
“Who thinks Don Lemon is a victim?” she said, responding to the journo’s recent remark that he was receiving “the N-word treatment.”
“That’s really offensive to me,” Dhillon said, recounting growing up in the Deep South.
“You are not ever being subjected to that kind of treatment. That’s absurd.”
Dhillon also mocked Lemon for continuing to speak publicly about the case while represented by counsel.
“Thank you for continuing to talk and reveal attorney-client privilege communications,” she said. “That’s super helpful.”
The assistant AG said the timeline of arrests has been swift by DOJ standards, noting that the protest occurred less than a week ago.
“These arrests are rapid, within the scope of how the DOJ normally operates,” Dhillon said.
President Trump has also weighed in, denouncing the protest as an attack on religious freedom and calling Lemon a “loser” and “lightweight” during an unrelated press conference earlier this week.
“I saw him,” the commander-in-chief told reporters. “The way he walked in that church, it was terrible.”
The federal magistrate’s refusal to approve charges against Lemon — while allowing cases against protest organizers to move forward — has become a flashpoint, drawing praise from press freedom advocates and fury from administration allies.
Dhillon signaled the department will continue pressing ahead.
“There are more chapters to come in this dispute for sure,” she said.
Lemon struck a defiant tone on Thursday night.
“I stand proud, and I stand tall,” Lemon said on his YouTube show. “This is not a victory lap for me, because it’s not over.”
Lemon said he expects prosecutors to keep trying. “They’re going to try again, and they’re going to try again,” he said. “And guess what? Here I am. Keep trying.”
He insisted the threat of prosecution would not silence him. “That’s not going to stop me from being a journalist,” Lemon said. “You’re not going to diminish my voice.”
Mocking the Justice Department, Lemon dared officials to escalate the case. “Go ahead. Make me into the new Jimmy Kimmel if you want,” he said.
“Just do it! Because I’m not going anywhere.” He accused the government of abusing its power, adding, “None of this is about justice. This is about power.”
Lemon also took aim at Attorney General Pam Bondi, questioning her reported anger over the magistrate’s ruling.
“I’m just surprised that someone like Pam Bondi would be angry for someone doing their job, someone abiding by the law,” Lemon said.
“Why would you be angry about that unless you were trying to use it as a weapon, rather than to seek the truth and justice?”
The Post has sought comment from Ellison.
