A federal appeals court ruled on Friday that the Justice Department established probable cause to charge former CNN host Don Lemon and four others over the anti-ICE church storming in Minneapolis last weekend. The appeals court, however, declined to force a lower court judge to sign arrest warrants.

The ruling from the U.S. Court of Appeals for the Eighth District was unsealed on Saturday after the Justice Department asked the appeals court to force a lower district court in Minnesota to sign the five arrest warrants. The ruling did not make the names of the five defendants public, but CBS News reported that its sources confirmed one of the defendants is Lemon. The Justice Department vowed on Friday to pursue charges against Lemon “to the ends of the Earth.”

While Friday’s ruling supported the Trump administration’s pursuit of charging Lemon on paper, it did not solve the Justice Department’s request. Assistant Attorney General for Civil Rights Harmeet Dhillon responded to the ruling, writing on X, “Stay tuned 🤨.” The Justice Department could now seek a grand jury indictment or represent the charges to a magistrate judge.”

Lemon joined a large group of anti-ICE protesters who stormed Cities Church in Minneapolis last Sunday during the worship service because one of the church’s pastors is believed to be an Immigration and Customs Enforcement officer. Three of the anti-ICE agitators who organized the church storming have been arrested by the FBI, including Black Lives Matter activist Nekima Levy Armstrong.

Lemon’s attorney argued that he is protected under the First Amendment since he was with the anti-ICE agitators to cover the church storming as an independent journalist. The Justice Department, however, argues that Lemon was coordinating with leaders of the anti-ICE group before the church storming.

“Freedom of the press extends to a lot of different areas,” Deputy Attorney General Todd Blanche said earlier this week. “It does not extend to somebody just trespassing and being embedded with a group of rioters and being part of the group that storms inside of a church.”

Magistrate Judge Doug Micko refused to sign the arrest warrant for Lemon, saying that federal prosecutors failed to present enough evidence to justify his arrest.

The Trump administration is pursuing charges against Lemon and others who participated in the storming of Cities Church through the FACE Act, which penalizes people for interfering with Americans who are exercising their right to religious freedom. The FACE act was used by the Biden administration to go after pro-lifers who were accused of blocking access to abortion clinics.

News of the appeals court ruling broke as Minneapolis erupts into chaos again after an armed man was shot and killed by federal agents on Saturday morning. Video showed federal officers attempting to detain a man on the street during what the Department of Homeland Security said was a “targeted operation” for an illegal immigrant “wanted for violent assault.” The man was armed with a loaded “semi-automatic handgun” and was shot and killed by a federal agent who was fearing for his life and the lives of his fellow agents, according to Homeland Security.

Governor Tim Walz, Rep. Ilhan Omar (D-MN), and Minneapolis Mayor Jacob Frey have all released public statements after an armed suspect was fatally shot by federal immigration authorities in Minneapolis on Saturday morning. While none of the officials mentioned that the suspect was armed in their initial statements, all three placed blame on the Trump administration.

Walz said, “The President must end this operation. Pull the thousands of violent, untrained officers out of Minnesota.”

Rep. Omar said, “This appears to be an execution by immigration enforcement.”

The congresswoman added that she is “absolutely heartbroken, horrified, and appalled” that federal agents “murdered another member of our community.” She claimed the shooting was not “isolated or accidental,” but the result of the Trump administration “trying to beat us into submission.”

Omar said President Trump has turned Minnesota from a place of refuge into a “warzone where unchecked federal forces murder our neighbors.”

Mayor Jacob Frey said, “How many times must local and national leaders plead with you Donald Trump to end this operation and recognize that this is not creating safety in our city.”

The Department of Homeland Security told The Daily Wire that the incident occurred as immigration officers carried out a “targeted operation” for an illegal immigrant “wanted for violent assault.” The individual who was shot approached Border Patrol agents with a “semi-automatic handgun.” The man was pronounced dead at the scene.

The statement put out by the Department of Homeland Security stands in sharp contrast to those put out by local and national leaders.

“At 9:05 AM CT, as DHS law enforcement officers were conducting a targeted operation in Minneapolis against an illegal alien wanted for violent assault, an individual approached US Border Patrol officers with a 9 mm semi-automatic handgun,” DHS said. “The officers attempted to disarm the suspect but the armed suspect violently resisted.”

Other prominent leaders in Washington, D.C., are voicing their opinions as well. Rep. Alexandria Ocasio-Cortez (D-NY) said, “Americans are being killed in the street by their government. Our Constitution is being shredded and our rights are dissolving. Resist.” She added, “We have a responsibility to protect Americans from tyranny.”

Senate Minority Leader Chuck Schumer (D-NY) declared that ICE needs to be “out of Minnesota now.”

New York City Mayor Zohran Mamdani stated, “As tens of thousands across America protest the violence that ICE sows with impunity, federal agents shot and killed another person in Minneapolis today,” adding, “ICE terrorizes our cities. ICE puts us all in danger. Abolish ICE.”

The Department of Homeland Security has said additional details about the armed struggle are forthcoming.