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Minnesota Judge Refuses to Sign Charges Against Don Lemon

Photo by Evan Agostini/Invision/AP, File

As Ed described this morning, two people involved in disrupting a St. Paul church service have been arrested. Nekima Levy Armstrong and Chauntyll Louisa Allen were both taken into custody. AG Pam Bondi promised there would be "more to come."  A third arrest was made a short time ago. His name is William Kelly.

Here he is in handcuffs.

But one of the people many observers expected would be arrested today, former CNN reporter Don Lemon, has not been arrested so far. Now we're learning why. A Minnesota federal judge refused to sign a criminal complaint against him.

A Minnesota federal magistrate judge refused to sign a complaint charging independent journalist Don Lemon in connection with a protest inside a church in St. Paul on Sunday, multiple sources familiar with the proceedings told CBS News.

"The attorney general is enraged at the magistrate's decision," said a source familiar with the matter. Attorney General Pam Bondi has been in Minnesota for two days, as the Justice Department has sought to surge prosecutorial and law enforcement resources there.

A different source stressed that the process is not over, and the Justice Department could find other avenues to charge Lemon.

Lemon claims that he was only there as a journalist and wasn't part of the protest:

Lemon, who is a former CNN host who now makes content independently, was with dozens of anti-Immigration and Customs Enforcement protesters as they rushed into Cities Church in St. Paul, Minnesota on Sunday morning, interrupting a church service and leading to tense confrontations, CNN has reported.

Lemon has said that he was present at the demonstration as a journalist and not as a protester. In a video of the episode that he posted on YouTube, Lemon says “I’m just here photographing, I’m not part of the group… I’m a journalist.”

Video from the service shows that Lemon was asking questions of the pastor. But the pastor asked him to leave.

Journalists do have a right to ask questions, but in this case Lemon was doing that by taking part in the disruption which he knew in advance was coming. In other words, he coordinated this with the activists and became a participant in what they were doing. I think it would be a close call if he were merely observing with a camera but he's in the church arguing with the pastor. He's helping to create the disruption.

Take the other protesters out of it for a moment. If Lemon can't be held accountable for participating in this disruption, does that mean a journalist can walk into any church, synagogue or mosque and start asking questions of the pastor in the midst of a service, even if that's disruptive? The answer has to be no. Disrupting a religious service violates the right to assemble, the right to freedom of religion and the right to speech for all of the people in the service. Don Lemon's right to be a journalist can't trump all of those rights at once, can it? That seems to be what this judge is saying.

People have a right to speak but that right doesn't trump other people rights. And so, entering a classroom and speaking over the professor isn't a legitimate protest. Taking over the college quad and pitching tents for weeks at a time is not a legitimate protest because those activities aren't allowed to anyone. Similarly, entering a church and talking over the pastor isn't a legitimate protest. There are time and place restrictions for speech which are meant to prevent this kind of heckler's veto.

What Don Lemon is talking about is civil disobedience. In other words, you do something nonviolent but outside the law and then you expect to be arrest for it. That's what these activists were doing. They could have held a peaceful protest outside but by going inside they violated other people's rights. The should be charged.

We'll have to wait and see where this goes next. Stay tuned.

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