Trump’s Justice Department suffers embarrassing legal setback after chief judge calls their aggressive pursuit of protestors ‘unheard of’

The Justice Department under President Trump just hit a massive legal wall in its aggressive pursuit of church protestors after the eighth US Circuit Court of Appeals rejected their bid to charge five additional people. The documents, made public on Saturday, clearly show just how far the Justice Department is willing to go to prosecute demonstrators involved in the January 18 protest.

The Guardian reported that Chief US District Court Judge Patrick Schiltz described the Justice Department’s request to immediately intervene and approve arrest warrants as “unheard of” in his jurisdiction. That’s a massive judicial condemnation considering the Eighth Circuit spans seven US states. The DOJ claimed that there was an immediate risk of similar church disruptions.

Among the five proposed defendants the Justice Department was trying to nail was journalist Don Lemon, who was covering the demonstration. Lemon recorded the event while working, and a federal magistrate judge had already declined to approve warrants for him and the other four proposed defendants, citing a lack of evidence.

It seems that the DOJ was trying to overturn that initial decision

Lemon isn’t surprised by this relentless effort. Speaking to his former colleague, Alisyn Camerota, he said, “They just don’t give up because they – you know – they want to save face. If there’s no law to fit, they will try to fit or retrofit something or go around a judge and just do it themselves.” His statement highlights that the DOJ is under significant pressure from the administration to the point that some officials have resigned in protest. 

The demonstration itself was a protest against the pastor’s apparent connection to Immigration and Customs Enforcement (ICE). This case has garnered huge attention because President Trump’s administration has been pushing a massive immigration crackdown in Minnesota while simultaneously vowing to protect Christian services.

Although the warrants for the five people were rejected, charges were approved for three alleged leaders of the protest: activists Nekima Levy Armstrong, Chauntyll Louisa Allen, and William Kelly. They were charged with conspiracy against rights for allegedly intimidating and harassing parishioners. However, even the initial magistrate judge struck down a proposed charge accusing them of physically obstructing a house of worship.

The activists have accused the administration of trying to take away their right to protest and their right to free speech. Which makes it all the more interesting when you consider that this same administration has given ICE agents protections, making them officially above the law.

All three judges on the appeals court panel agreed not to intervene in the matter. While one judge, Leonard Steven Grasz, wrote that he felt prosecutors did show enough evidence to justify charges, he noted that the prosecutors have other, normal ways to get those charges approved, instead of running straight to the appeals court.

It’s certainly not over yet. The Justice Department still has the option to ask a grand jury to approve charges against the demonstrators. They can also present more evidence to the magistrate judge. It highlights the unprecedented lengths the administration will take against demonstrators.