Defendants in protest at ICE pastor's Minnesota church return to federal court

Dozens of people charged in connection to January's protest inside a Twin Cities church during the height of Operation Metro Surge returned to federal court on Thursday.

The group was protesting David Easterwood, a pastor who serves at Cities Church on St. Paul's Summit Avenue. Easterwood also leads the St. Paul field office of Immigration and Customs Enforcement. 

Thirty-nine people were charged with violating the FACE Act, which restricts "violence and intimidations targeting religious worship sites."

Among those arrested for the Jan. 18 protest were journalists Don Lemon and Georgia Fort, as well as lawyer and activist Nekima Levy Armstrong.

Defendants say they were peaceful and protected by the constitution. Inside the federal courthouse in downtown St. Paul Thursday, the judge heard from those who were involved.

For nearly an hour, lawyers spoke on behalf of two of the defendants, a couple who were arrested at their apartment a month after the protest by Homeland Security Investigation agents.

Lawyers pressed the HSI agent who arrested them about his process, specifically about why their phones were taken when only an arrest warrant — not a search warrant — was administered.

The agent said he was assigned to help HSI here for 30 days during Operation Metro Surge, and that he had probable cause to take the phones.

"The feeling among the defendants is positivity. We have hope," said defendant William Kelly. "We're going to win and I think the judge is going to give us a fair trial, if we get to trial. But he'll give us options on these motions. I think he'll make a fair ruling."

In a statement Thursday afternoon on social media, the head pastor of the church said "I saw these people scream in the faces of innocent worshipers, shut down our service, and terrorize children," adding that he wants a "fair ruling."

Later, in a statement to WCCO, lead pastor Jonathan Parnell said "The dangerous and unlawful invasion of our worship service on January 18 has harmed our church, and continues to negatively affect families and children."

"It was a shameful event that should never happen in any place of worship. We remain hopeful that common sense and justice will prevail," he continued. 

This summer, St. Paul's city attorney dismissed the state level charges. 

The next hearings are scheduled for Nov. 9 and 10.