A federal magistrate judge in Minnesota has become the subject of controversy after declining to approve federal charges against former CNN host Don Lemon in connection with a recent church disruption. The Justice Department has arrested several individuals involved in the incident, though Lemon has not been arrested.
The judge, identified in multiple reports as Magistrate Judge Douglas L. Micko of the U.S. District Court in Minnesota, refused to sign a criminal complaint or authorize an arrest warrant for Lemon.
Fox News correspondent Bill Melugin reported that Micko’s wife, Caitlin, serves as an assistant attorney general in the office of Minnesota Attorney General Keith Ellison. Conservative journalist Jack Posobiec further confirmed the report and added that Caitlin Micko has demonstrated a bias against U.S. Immigration and Customs Enforcement (ICE) operations.
NEW: I am told the judge that refused to sign the criminal complaint against Don Lemon is Magistrate Judge Douglas Micko
His wife works for Keith Ellison as an Assistant AG and has anti-ICE posts on LinkedIn pic.twitter.com/gI0PiFspX2
— Jack Posobiec (@JackPosobiec) January 22, 2026
The judge’s ties have prompted discussions about potential conflicts of interest in the case, though no formal ethics complaint or recusal has been disclosed as of this report.
A criminal complaint outlines the facts alleging a person committed a crime. Magistrate judges routinely review probable cause for criminal complaints, which are typically prepared by a law enforcement officer or prosecutor.
If approved, it can lead to an arrest warrant or summons. Complaints are often used for quicker initiations of cases, especially misdemeanors or as a preliminary step for felonies.
Judge Micko refused to sign the complaint, which is typically done when a judge believes it does not lacks sufficient probable cause based on the presented facts.
The underlying incident occurred last Sunday at Cities Church in St. Paul, Minnesota, when Lemon joined a group of local anti-ICE activists in storming the church mid-service.
Lemon narrated the videos largely as an activist, repeatedly praising the protesters as an example of successful action during the civil rights movement.
“When you violate people’s due process, when you pull people off the street, and you start dragging them and hurting them and not abiding by the Constitution, when you start doing all of that, people get upset and angry,” the self-styled journalist said as agitators yelled “hands up, don’t shoot” at churchgoers, a reference to the debunked narrative of the Michael Brown shooting.
The now independent journalist told churchgoers that it was a “First Amendment right” to disrupt a church service and insinuated that anyone should be allowed to do whatever they want in a church.
One individual, who goes by the handle “dawokefarmer” on TikTok threatened churchgoers while labeling them as “fake Christians” and “comfortable white people.”
Following the event, the Department of Justice (DOJ) launched a civil rights investigation and pursued federal charges under statutes including the Freedom of Access to Clinic Entrances (FACE) Act. This law prohibits interference with religious exercise at places of worship through force, threats, or physical obstruction, in addition to its primary application to abortion clinics.
Several individuals, including “dawokefarmer,” or professional activist William Kelly, were charged with FACE Act violations on Thursday morning. The law was previously used by the Biden-led DOJ for prosecutions of pro-life activists.
Following Judge Micko’s refusal to sign the criminal complaint against Lemon, the DOJ can still proceed by gathering more evidence to resubmit a revised complaint or by seeking an indictment through a grand jury. The department has not yet provided any comment on how they plan to proceed.
