Don Lemon, Nekima Levy Armstrong plead not guilty in church protest

The federal prosecution tied to an anti-ICE demonstration at a St. Paul church moved ahead Friday, with arraignments held for some of the protesters from the rally and former CNN journalist Don Lemon, who reported on the protest.

Lemon, along with Minneapolis civil rights activist Nekima Levy Armstrong, military veteran Will Kelly, St. Paul school board member Chauntyll Allen and student activist Jerome Richardson entered not guilty pleas to alleged crimes of conspiracy against rights of religious freedom at a place of worship and violating the FACE Act, which typically protects houses of worship.

Asked how he pleads, Lemon leaned into the microphone and said “not guilty” when arraigned before Magistrate Judge Douglas Micko. Lemon was flanked by his defense attorneys Abbe Lowell and Joe Thompson. Thompson, the former acting U.S. Attorney for Minnesota, is among several former federal prosecutors who left the office since the beginning of Operation Metro Surge.

Justice Department prosecutors allege that nine defendants charged in the indictment “intimidated, harassed, oppressed and terrorized” the parishioners of Cities Church on Jan. 18 during a demonstration, which was organized after the protesters determined one of the pastors, David Easterwood, is the acting director of the ICE field office in St. Paul. Attorney General Pam Bondi and Assistant Attorney General Harmeet Dhillon quickly condemned the protest as an act of intimidation against Christians and promised an investigation.

Lemon and Twin Cities independent journalist Georgia Fort, who also was reporting at the protest, livestreamed the ordeal as the group shouted and chanted, demanding “ICE out” and “Justice for Renee Good.” The arrests prompted criticisms from local and national media organizations over First Amendment concerns.

Jordan Kushner, Levy Armstrong’s attorney, has referred to her charges as a political persecution. When her turn was up for arraignment, Levy Armstrong responded she has “no choice” but to plead not guilty in the interest of the First Amendment.

Shortly after the arrest of Levy Armstrong, a protest organizer, the White House posted a photo that was manipulated to make her appear to be distressed and crying. Levy Armstrong has maintained she was calm during the arrest.

“By pleading not guilty, Don Lemon and other defendants are doubling down on their claim that the press can do whatever they want under the auspices of journalism, while also defending the invasion of a church. This was a coordinated planned operation,” said Renee Carlson, General Counsel for True North Legal.

Jonathan Parnell, who was leading the service at the time, said in a written statement that he hopes the protesters will have to “answer for their actions in a court of earthly justice.”

“It was wrong. It was shameful. And it should never happen again,” he said.

A federal magistrate judge at first refused to sign off on warrants for Lemon and four other people who the U.S. government wanted to arrest. The U.S. Attorney’s Office asked for a review of the denial. Chief U.S. District Judge Patrick Schiltz, assigned to the review, called the request “unheard of” in the state’s federal court system in a letter to the chief judge of the U.S. Court of Appeals.

Shortly after the 40-minute hearing, Levy Armstrong, Allen and Kelly walked outside the U.S. District courthouse in St. Paul with their fists in the air to join about 100 people gathered outside with signs, applauding and chanting “protect free speech.”