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Appeals court rejects Justice Department’s push to charge more people over Minnesota church demonstration

The Justice Department sought urgent warrants to charge five additional protesters but the 8th Circuit court denied the request, allowing only three arrests under a federal law protecting worship services.

  • On Jan. 23, the U.S. Court of Appeals for the Eighth Circuit refused the U.S. Justice Department's emergency request to revive charges against five other proposed defendants accused of disrupting a Minnesota church service this month.
  • After a magistrate judge declined warrants for five proposed defendants including Don Lemon, the Justice Department first asked Chief U.S. District Court Judge Patrick Schiltz and then filed a Jan. 23 petition to the appeals court.
  • On Jan. 22, prosecutors arrested Minneapolis civil rights activist Nekima Levy Armstrong, St. Paul school board member Chauntyll Louisa Allen and veteran William Kelly on federal FACE Act charges; all were released the next day and a judge struck an obstruction charge.
  • All three appeals judges declined to grant emergency review, with Chief U.S. District Court Judge Patrick Schiltz calling the request `unheard of in our district'; prosecutors retain the grand jury option across seven U.S. states.
  • Amid a broader immigration enforcement push, the case has drawn national attention as the Trump administration pursues a sweeping immigration crackdown and vows to protect Christian services after a Jan. 18 protest at Cities Church, St. Paul over a pastor's ICE ties.
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WKZO broke the news in on Saturday, January 24, 2026.
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