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Don Lemon is in for the fight of his life. Lemon claims he was acting as a journalist, but the reality is, he was acting as a leading provocateur of the invasion of a Catholic Church service who became a part of his own January 18th story. The last thing a journalist should do is become the story he or she is supposed to be covering. He is in federal custody right now in Los Angeles, waiting for an appearance before a magistrate. I suspect he will be held on a complaint rather than an indictment because of the timing.
His release will probably today on his own recognizance due to a lack of criminal record or bail jumping. The case will be litigated. In the Twin Cities, where it occurred. Because of the demographics in the Twin Cities, he will be facing a liberal federal judge and jury. He will have to pay his own way and lodging for further court proceedings in the Twin Cities. It’ll be interesting who will pony cash for his very expensive legal costs. I’m sure George Soros would be happy to give him a blank check.
Federal authorities reportedly arrested Lemon in Los Angeles today, January 29, 2026, in connection with his presence at an anti-ICE protest at Cities Church in St. Paul, Minnesota on January 18. The Justice Department has claimed Lemon and others violated federal law in connection with the protest, although specific charges and charging documents have not been released publicly. Lemon and his lawyer say he was acting as a journalist and protected by the First Amendment.
- There is no complaint or indictment that I can legally retrieve or publish because none has been made public yet.
- There is no confirmed court date and location in any accessible docket.
- When a complaint, indictment, or docket entry becomes publicly available later today or tomorrow, it should be accessible through PACER or the relevant U.S. District Court’s calendar.
Here is the straight, verifiable legal picture on what charges might be involved in the Don Lemon situation and what the penalties for them would be under federal law based on credible reporting and known statutes. Right now very little is public about formal charges against him, but there are two main federal statutes that authorities were considering before his arrest and potential indictment:
Likely Federal Statutes Prosecutors Might Use
1.
18 U.S.C. § 248 – Freedom of Access to Clinic Entrances Act (FACE Act)
This law makes it a crime to use force, threat of force, or physical obstruction to intentionally injure, intimidate, interfere with, or attempt to injure, intimidate, or interfere with any person lawfully exercising rights of religious freedom at a place of worship.
- Typical allegations here would be that protesters (and anyone conspiring with them) blocked or disrupted a church service, interfering with worship.
Penalties under 18 U.S.C. § 248:
- First offense: fine or imprisonment for up to 10 years, or both.
- Second or subsequent offense: fine or imprisonment for up to 11 years, or both.
These are the statutory maxima; judges impose sentences based on federal sentencing guidelines.
2.
18 U.S.C. § 241 – Conspiracy Against Rights (Civil Rights Conspiracy)
This statute makes it a felony for two or more persons to conspire to injure, oppress, threaten, or intimidate anyone in the free exercise or enjoyment of any right secured by the Constitution or laws of the United States (including freedom of religion, free speech, free press, etc.).
Penalties under 18 U.S.C. § 241:
- If the conspiracy results in death or involves kidnapping, sexual abuse, or an attempt to kill: possible life imprisonment or death penalty.
- In other cases: Fine and/or imprisonment for up to 10 years.
This is a heavy-duty civil rights statute often associated with 19th-century “Ku Klux Klan Act” prosecutions.
What Prosecutors Were Considering
Before Lemon’s arrest, federal prosecutors were publicly reported to be reviewing possible charges under both the FACE Act and the civil rights conspiracy statute in connection with the protest at Cities Church in St. Paul, Minnesota. That protest interrupted a worship service in a space where the pastor also serves as a U.S. Immigration and Customs Enforcement official.
None of this means Lemon will be charged under these laws, only that they are the statutes federal authorities have been publicly discussing and that would match alleged conduct connected to the protest if prosecutors believe they can prove elements beyond a reasonable doubt.
Penalty Range Summary (Federal)
|
Statute |
Maximum Penalty |
Typical Sentence Range |
|
18 U.S.C. § 248 (FACE Act) |
Up to 10 years (first offense) |
Depends on guidelines, could be years in prison |
|
18 U.S.C. § 241 (Conspiracy Against Rights) |
Up to 10 years (routine case) |
Heavy guidelines; possibly significant prison time |
Important Legal Reality Right Now
- No public charging documents (complaint or indictment) detailing specific counts against Don Lemon are available yet. Without those filings we cannot know the exact charges or what statutes are actually being used.
- A federal magistrate judge previously refused to sign an initial complaint due to insufficient probable cause, and prosecutors were seeking other avenues like a grand jury.
- Some reports indicate prosecutors pursued an indictment through a grand jury before his arrest.
What This Looks Like in Practice
If Lemon is ultimately charged under § 248 and/or § 241 as prosecutors have signaled:
- Prosecutors would have to prove he intended to interfere with rights protected by those statutes, not merely that he was present.
- His defense could argue his conduct was journalistic and protected by the First Amendment. That would be a core legal fight if charges proceed.
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