Don Lemon could face criminal charges over Minnesota church protest, analyst says

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The right to protest does NOT extend to this: Gregg Jarrett

Fox News legal analyst Gregg Jarrett sets the record straight on what’s ahead for the group of anti-I.C.E. protesters that disrupted a church service in Minnesota as the Justice Department investigates on ‘Hannity.’

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Former CNN host Don Lemon could face criminal charges for embedding with anti-ICE agitators who stormed a Minnesota church during a Sunday service, Fox News legal analyst Gregg Jarrett argued, saying journalism does not shield someone from liability when crimes are committed.

Lemon went viral Sunday for his reporting on the chaos that unfolded at Cities Church in St. Paul, telling viewers that "the freedom to protest" is what the First Amendment is all about. Protesters claimed a pastor inside was affiliated with U.S. Immigration and Customs Enforcement (ICE).

"The right to protest, Sean, does not extend to private property and certainly not to churches, which are protected spaces by law," Jarrett told Fox News Channel's Sean Hannity on Monday.

Don Lemon attends the 2025 The Root 100 Gala at Gotham Hall on Dec. 3, 2025, in New York City. (Dia Dipasupil/Getty Images)

"This mob that stormed the church, harassed and terrorized the congregation, they can and should be prosecuted for a variety of crimes. Trespass, disorderly conduct, disturbing a religious meeting, and importantly, violating the FACE Act."

ANTI-ICE AGITATOR WHO STORMED MINNESOTA CHURCH SERVICE ALSO HARASSED CONGREGANTS AT PETE HEGSETH’S CHURCH

Jarrett said Lemon could find himself "prosecuted as a willing participant" in the incident.  

"He appears to have actually embedded himself with the mob, knowing full well that they intended to commit those crimes," he said. "Calling yourself a journalist, that's not a defense, and the First Amendment is not a shield from criminal charges."

Videos circulating on social media appear to show federal Border Patrol agents taking two men into custody at a gas station in St. Paul, Minnesota, while allegedly firing pepper balls at agitators who had surrounded the chaotic scene. (FNTV)

Lemon stood by his reporting despite being put "on notice"by Harmeet Dhillon, the Justice Department’s assistant attorney general for civil rights. 

DOJ LAUNCHES CIVIL RIGHTS INVESTIGATION AFTER MINNESOTA AGITATORS STORM CHURCH

"It’s notable that I’ve been cast as the face of a protest I was covering as a journalist — especially since I wasn’t the only reporter there. That framing is telling," Lemon told Fox News Digitalin a statement. "What’s even more telling is the barrage of violent threats along with homophobic and racist slurs directed at me online by MAGA supporters and amplified by parts of the right-wing press." 

"If this much time and energy is going to be spent manufacturing outrage, it would be far better used investigating the tragic death of Renee Nicole Good – the very issue that brought people into the streets in the first place," Lemon continued. "I stand by my reporting."

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Fox News Digital's Brian Flood, Joseph A. Wulfsohn, Lindsay Kornick and Greg Wehner contributed to this report.

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