Dhillon to Newsmax: Judge Should Recuse Himself in Church Protest Case

U.S. Assistant Attorney General for the Civil Rights Division Harmeet Dhillon on Wednesday sharply criticized a federal magistrate judge's decision to block prosecutors' attempt to charge former CNN host Don Lemon in connection with a protest that disrupted a Sunday service at Cities Church in St. Paul last weekend.

"We made a presentation to the magistrate judge; two of my prosecutors worked tirelessly from Sunday night until presenting on Tuesday with the U.S. Attorney's office," Dhillon told Newsmax's "Newsline."

"The attorney general was right there on the scene as well. And the magistrate judge, who is married to someone who works for Attorney General Keith Ellison, who has had a lot to say about ICE and a lot to say about our FACE Act theory, declined to give us all that we were asking for.

"So, that's just part of the process. There are many other steps in this process, and there are other ways to pursue charges. I personally think this magistrate judge abdicated his duty," she added.

Dhillon characterized the ruling by Magistrate Judge Douglas Micko as undermined by perceived conflicts of interest and broader political bias.

At issue is an incident last Sunday in St. Paul where a group of demonstrators interrupted a church service.

Federal prosecutors had sought charges against Lemon related to the disruption, but Micko declined to allow the case to proceed. Dhillon condemned the judge's ruling and raised questions about impartiality.

"What's really troubling here is the optics," Dhillon said.

She pointed to social media activity by the judge's wife, Caitlin Micko, who she said, "has reposted and liked Keith Ellison's trashy comments about ICE and about the state of Minnesota suing the United States to enjoin our ICE officers from being able to do their jobs, putting them in danger."

Dhillon's remarks tie into a broader legal battle involving Minnesota and federal immigration enforcement.

Minnesota Attorney General Keith Ellison has challenged the Department of Homeland Security over its immigration enforcement actions, a case in which Dhillon said her side recently secured a favorable ruling at the U.S. Department of Justice.

She noted that the U.S. Court of Appeals for the Eighth Circuit has placed an administrative stay on a lower court ruling, allowing Immigration and Customs Enforcement officers to continue their duties while litigation continues.

Dhillon also criticized Ellison's public response to the church protest, saying the attorney general suggested that the FACE Act, a federal law intended to protect places of worship from violent interference, does not apply to attacks on houses of worship.

"That's either illiterate or deliberately deceptive — and maybe both," she said.

Dhillon framed her comments within a broader critique of the judiciary and prosecution, arguing that legal officials must not only avoid actual bias but also the appearance of bias.

"When you're either a prosecutor like I am or you are a judge, you have to recuse yourself to avoid not only actual bias, but also the appearance of impropriety," she said. "There is definitely the appearance of impropriety here."

Dhillon said the matter is "just at the beginning" and pledged to pursue all individuals involved in the church disruption.

"I intend to identify and find every single person in that mob that interrupted that church service in that house of God and bring them to justice," she said, adding that her efforts would include so-called journalists she alleges participated in harassing worshippers.

Representatives for Micko and Ellison did not immediately respond to requests for comment.

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