Don Lemon could face up to a year in prison if convicted on criminal charges

Former CNN anchor and journalist Don Lemon is slated to appear in federal court Friday afternoon to face federal criminal charges and potential jail time in connection with his alleged involvement in a protest at a Minnesota church earlier this month. 

Lemon will be charged in Los Angeles Friday afternoon on allegations of conspiring to violate someone’s constitutional rights and alleged FACE Act violations, a spokesperson for the Department of Homeland Security confirmed to Fox News Digital.

The FACE Act, passed in 1994, is a federal law that prohibits the use of force, intimidation, or obstruction to deliberately “injure, intimidate, or interfere” with an individual’s ability to exercise their right to religious freedom at a place of worship. 

FACE Act violations carry penalties ranging from fines to prison time, depending on the severity of the violation alleged and other contributing factors. Because the FACE Act classifies a first-time violation involving the use of force or physical obstruction as a misdemeanor, Lemon could face a maximum of one year in federal prison if prosecutors seek those charges. The Justice Department did not immediately respond to Fox News Digital’s request for comment.

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Lemon’s attorney, Abbe Lowell, said the case is an “unprecedented attack” on the First Amendment and an attempt by the Justice Department to chill free speech protections, including  

He told Fox News Digital in a statement that Lemon would fight the charges “vigorously and thoroughly” in federal court. 

Lemon’s arrest comes more than a week after he was seen with a group of anti-ICE protesters who interrupted a church service at the Cities Church in St. Paul, Minnesota, where an Immigration and Customs Enforcement (ICE) official serves as a pastor. The group of protesters was seen chanting “ICE out,” according to video footage, and interrupting the service.

Three other individuals, including independent journalist Georgia Fort, were also charged Friday in connection with their alleged involvement in the demonstration.

Fort said she was also at the church in a reporting capacity. 

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Attorney General Pam Bondi on Friday confirmed reports of Lemon’s arrest earlier in the day, saying on social media that he and three others had been taken into custody in connection with the protest. 

“At my direction, early this morning federal agents arrested Don Lemon, Trahern Jeen Crews, Georgia Fort, and Jamael Lydell Lundy, in connection with the coordinated attack on Cities Church in St. Paul, Minnesota,” Bondi said on X.

Lemon, an independent journalist, said he had been attending the demonstration as a reporter, and not as a protester. In a video posted to his YouTube channel, Lemon remarked, “I’m just here photographing, I’m not part of the group … I’m a journalist.” 

Lowell, Lemon’s attorney, said on Friday that Lemon had been attending the demonstration in a reporting capacity, and not as a demonstrator. “Don Lemon was taken into custody by federal agents last night in Los Angeles, where he was covering the Grammy Awards,” Lowell said in a statement.

“Don has been a journalist for 30 years, and his constitutionally protected work in Minneapolis was no different than what he has always done.” 

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“The First Amendment exists to protect journalists whose role it is to shine light on the truth and hold those in power accountable,” Lowell added. “There is no more important time for people like Don to be doing this work.” 

Lowell has represented a number of prominent clients in the last 12 months who argue they have been targeted by the Trump administration — among them, New York Attorney General Letitia James, Federal Reserve Board Governor Lisa Cook, and former National Security adviser John Bolton.

A federal magistrate judge in Minnesota had rejected the Justice Department’s initial attempt to bring criminal charges against Lemon in connection with the Jan. 18 protest, describing the administration’s case against Lemon as “frivolous,” and prompting lawyers for the Justice Department to appeal that decision to a federal appeals court. 

Lemon’s arrest comes as Minnesota has emerged as a flashpoint for immigration protesters in recent weeks, including in the aftermath of the fatal shootings of Renee Good and Alex Pretti. 

It also prompted fresh concerns over First Amendment protections for journalists, including from Minnesota Attorney General Keith Ellison and St. Paul Mayor Kaohly Her.

“The arrest today of journalists for covering a protest is deeply chilling,” Her said in a statement Friday. “We need to all be hyper vigilant and call out the way this administration has eroded our First Amendment and other Constitutional rights — because if we let this go unanswered, it won’t stop here.”

President Donald Trump earlier this week signaled that the administration is willing to “de-escalate” tensions in Minnesota, though further details on that process remain unclear.