A Minnesota federal magistrate judge refused to sign a complaint charging independent journalist Don Lemon in connection with a protest inside a church in St. Paul on Sunday, multiple sources familiar with the proceedings told CBS News.

“The attorney general is enraged at the magistrate’s decision,” said a source familiar with the matter. Attorney General Pam Bondi has been in Minnesota for two days, as the Justice Department has sought to surge prosecutorial and law enforcement resources there.

A different source stressed that the process is not over, and the Justice Department could find other avenues to charge Lemon.

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On Thursday morning, Bondi announced two arrests connected to the church protests — Chauntyll Louisa Allen, who serves on the St. Paul School Board, and civil rights attorney Nekima Levy Armstrong. Bondi alleged that Armstrong was involved in organizing the protest. Bondi later said a third person, William Kelly, was arrested.

Allen and Armstrong both appeared in federal court in St. Paul on Thursday, where they were each charged with violating a civil rights law that prohibits two or more people from conspiring to interfere with constitutionally protected rights, like the free practice of religion.

Micko, who presided over Thursday’s hearing, declined to approve a second criminal charge against the two local activists that accused them of violating a provision in the FACE Act which makes it a crime to use force, threats, or physical obstruction to injure, intimidate, or interfere with a person who is exercising their First Amendment right of religious freedom at a place of worship.

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Ultimately, both Armstrong and Allen were ordered to be released on condition they remain in Minnesota, stay off the church’s property and avoid contact with any witness or victim.

But later Thursday, defense attorneys told CBS News that both Armstrong and Allen would not be released pending the Justice Department’s plan to appeal and seek their detention.

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