August 13, 2026
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10:39Now PlayingAttorneys Brian Kabateck and Shant Karnikian cover the Trump Justice Department's crumbling prosecutions of journalists and protesters in Minnesota, where a magistrate judge, the chief district judge, and the Eighth Circuit have all rejected the government's case. At the center is former CNN anchor Don Lemon, indicted alongside eight co-defendants under the FACE Act — a law originally written to protect abortion clinic access — for documenting a January protest at Cities Church in St. Paul, where the pastor also serves as ICE's acting field director. Prosecutors couldn't get a magistrate judge to issue a search warrant for Lemon's phone, couldn't get the chief district judge or the Eighth Circuit to authorize arrest warrants, and ultimately relied on a grand jury indictment now being challenged for allegedly relying on inaccurate evidence. Ironically, Trump pardoned roughly 23 people convicted under that same FACE Act on his third day in office. Brian and Shant also cover the only conviction to date out of Minnesota's protest prosecutions: 28-year-old activist Isabel Lopez, originally charged with four felonies for allegedly assaulting federal officers during an ICE raid on a restaurant, who ultimately pled guilty to a single misdemeanor and was fined $25 with no jail time. Career federal prosecutor Lauren Russo quit the U.S. Attorney's office over the Lemon case, citing discomfort with "the pace and manner in which the case was proceeding." Brian's bottom line: these are manufactured headlines, not real cases, and the DOJ's own prosecutors are walking away rather than carry them out.
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