Background: Cities Church in St. Paul, Minn., on Jan. 19, 2026. (AP Photo/Angelina Katsanis, File). Inset: Civil rights attorney and activist Nekima Levy Armstrong speaks to the media before an arraignment hearing at the Warren E. Burger Federal Building and U.S. Courthouse in St. Paul, Minnesota, on Feb. 17, 2026. (Photo by Steven Garcia/NurPhoto via AP).
The Trump administration insists that it has done nothing wrong by sharing pictures of the arrests of several protesters who allegedly disrupted a Minnesota church service, with one of the photos admittedly "digitally-altered" to make it look as if the woman was crying.
There "has been no Government misconduct," and the "inclusion of arrest photos was not improper," the U.S. Department of Justice (DOJ) wrote in a 26-page filing on Monday.
The court submission in the U.S. District Court for the District of Minnesota came as a response to civil rights activist Nekima Levy Armstrong and other protesters' request for a judge to dismiss the indictment against them over what they say is "government misconduct" on the part of the DOJ.
On Jan. 18, about 40 protesters went to Cities Church in St. Paul, Minnesota, "shouting down churchgoers in the middle of services," the Department of Homeland Security stated. They apparently targeted the church because the pastor was an official with Immigration and Customs Enforcement (ICE).
The Trump administration — through then-DHS Secretary Kristi Noem and other official accounts — posted photos of the trio's arrests, identifying Armstrong, Chauntyll Louisa Allen and William Kelly as the "ringleaders" of the "riot." One such post came from the White House's official X page, which was a photo of Armstrong with her hands behind her back, doctored to make it look as though she were crying.
On Jan. 29, after the posting of the photos, the DOJ indicted all the demonstrators on federal charges of conspiracy against federally secured rights and interference with the free exercise of religion at a place of religious worship. The DOJ filed a superseding indictment on Feb. 26, which added dozens of new defendants.
On Aug. 31, Armstrong and her co-defendants filed their motion to dismiss the superseding indictment with prejudice, accusing the government of misconduct because of its "defamatory comments and prejudicial photographs of certain Defendants on social media," which "directly violated their rights to due process" and "gravely jeopardize the prospects of them receiving a fair trial."
They also asked that the court order the administration to remove the photos and hold an evidentiary hearing "to fully determine the government's misconduct and the appropriate remedies."
The DOJ — in its Monday response — argued that the administration has not done anything improper and that it was the protesters themselves who have "leaned into the media spotlight and the controversy over the altered arrest photo, thereby further fueling any preindictment publicity."
Pointing to interviews and press conferences conducted by the protesters, the DOJ wrote: "[I]t is defendants, particularly Armstrong, rather than the Government, that have generated the bulk of pre-indictment and pre-trial publicity in this case."
The administration also defends the posting of the arrests of the alleged "ringleaders" and the admittedly altered image.
"In a republican form of government, public officials need to communicate with the public. With respect to crime, the public has a right to know what law enforcement officials (from the Chief Executive on down) are doing to enforce the law and protect the public," the filing reads. "Good public officials keep the public apprised of such things, and, in so doing, they let the public know that their concerns matter and are being addressed promptly. Good public officials are also mindful of the importance of deterring some people from engaging in similar criminal conduct, and they use public statements to communicate messages of deterrence."
From the motion:
The defendants' offense conduct was way out of line — indeed, criminal. It terrorized the church members and put them at risk of harm. As noted in one or more prior filings or perhaps at a hearing in this case, the Government candidly admitted that it was concerned defendants' crimes might lead to "copycat" crimes across the country, which would potentially put many people at risk of harm and allow further trampling of the right of religious worship. Thus, when charges were filed and the first three defendants were arrested, it was entirely proper for the Government — i.e., the press offices for the Chief Executive and two Executive Branch Departments — to announce that fact.
"The inclusion of arrest photos was not improper. It made clear — with the power of pictures — what words alone could not fully convey," the DOJ continued, suggesting the doctored image was a one-off and arguing that federal officials are within their rights to "express themselves bluntly and economically."
The Trump administration reiterated its opinion that the protesters' "claim of prejudice by the pre-indictment social media posts also ignores the defendants' ample use of media tactics to garner sympathy for themselves and their shared cause."
The federal officials said they are also considering asking the court to move the trial out of the St. Paul area because of that publicity.