C. Pressure from President Trump and Main Justice to Bring Charges
The above-described extraordinary requests were not happening in a vacuum. Rather, the government’s frantic and unprecedented legal maneuvers were occurring as President Trump and senior Administration officials were publicly calling for charges against Mr. Lemon and others. They were doing so using hyperbolic and conclusory language that could leave no prosecutor uncertain as to their desired outcome.
On the day the government initially sought arrest warrants for Mr. Lemon and Ms. Fort, President Trump politicized the protest at Cities Church—and Mr. Lemon specifically—at two separate events. First, during a January 20, 2026 press conference at the White House, President Trump stated:
And they have to be abused by guys like Don Lemon, who’s a, you know, loser, lightweight. I saw him, the way he walked in that church. It was terrible. I have such respect for that pastor. He was so calm. He was so nice. He was just accosted. What they did in that church was horrible yesterday.4
Then, during an interview the same day with Katie Pavlich of NewsNation, he stated:
And then you have the agitators, anarchists, you know, I watch sort of everything, I see it all. And I see people, screaming, “Shame, shame,” you know. This is not people that are like living in Minnesota, these are professional paid people, they’re like actors. I mean, I watched the guy last night in the church, he was, and not just Don Lemon, Don Lemon’s a loser, but I watched a guy last night in the church. This guy’s a professional guy and he, he actually admits to it, he gets paid a lot of money to go and cause trouble.5
At the same time, Attorney General Pamela Bondi was also publicly pushing for charges against Mr. Lemon and others who were at Cities Church, stating, “We are coming after you if you participated in that. I don’t care if you’re a failed CNN journalist, you have no right to do that in this country. We don’t live in a third world country.”6 Attorney General Bondi rejected the premise that Mr. Lemon is an independent journalist, instead calling him “an online agitator,” while acknowledging that “if you are a journalist and you are covering a story” that may factor into the legal analysis.7 Similarly, when asked about Mr. Lemon on Fox News, Deputy Attorney General Todd Blanche stated “freedom of the press extends to a lot of different areas, but it does not extend to somebody just trespassing and being embedded with a group of rioters.”8
Perhaps most notably, President Trump’s pick to lead the Justice Department’s Civil Rights Division, Assistant Attorney General (AAG) Harmeet Dhillon, sat for an extensive interview to discuss the matter, while the Eighth Circuit was considering the Emergency Petition for Mandamus. In relevant part, AAG Dhillon explained:
[Don Lemon] is not out of legal jeopardy, and he has lawyered up . . . . We’re gonna pursue this to the ends of the earth. 9
. . .
The attorney general herself was there on the ground and managing this process with my principal deputy, a brilliant young lawyer. And so you know we are not giving up the fight here at all[.]1
. . .
Abbe Lowell, his lawyer, had nothing to do with the magistrate judge refusing to sign off on arresting Don Lemon. So you have to understand that we at the Department of Justice, these days, in the most aggressive and important fights that we’re facing, we’re kind of out-manned two against one. You know, he didn’t even need a lawyer. The magistrate judge was kind of standing in as judge and jury.11
In yet another statement, AAG Dhillon denounced Mr. Lemon’s reporting as “pseudo journalism” unworthy of First Amendment protection.12
These statements by President Trump, Attorney General Bondi, Deputy Attorney General Blanche, and AAG Dhillon all occurred while the government was actively and furiously seeking reconsideration of the Court’s refusal to issue the arrest warrants from the duty magistrate, the Chief Judge of the District of Minnesota, and the Eighth Circuit.