MINNEAPOLIS — Hennepin County Attorney Mary Moriarty said Tuesday that her office will not file felony riot charges against far-right activist Jake Lang and others over Lang’s latest confrontation in Minneapolis, citing “prior communication” between police and Lang’s security detail.

Moriarty’s office did not detail the nature of that exchange, but said in a news release that: “After a review of extensive evidence of communication and logistical coordination between the Minneapolis Police Department and Lang’s security detail, there is not a path forward for felony charges to be proven beyond a reasonable doubt.”

Lang, 31, was arrested Saturday after the vehicle he was in drove onto a sidewalk in front of Minneapolis City Hall and towards a crowd of people as Lang raised a large sign with the N-word on it. Hundreds had gathered outside of City Hall for a counterprotest against Lang, who had announced he was coming.

Police intervened and arrested everyone in the two vehicles that drove towards the crowd on “probable cause riot.”

Both vehicles were impounded. MPD made four additional arrests near City Hall on suspicion of disorderly conduct and assault, among other alleged violations, interim Police Chief Bill Peterson said at a news briefing. Police arrested a total of 11 people.

In an interview with the Minnesota Star Tribune, Moriarty said there was no indication that Lang or his team intended to assault anyone and that the vehicles involved “were driven at really low speeds and the SUV had warning lights activated.”

She said riot charges were also not reasonable. “We don’t have evidence to prove beyond a reasonable doubt that an intentional act or threat of unlawful force or violence was committed.”

MPD said its communications with Lang’s security team was standard procedure as the department is tasked with coordinating planning around public protests, including making good faith efforts to work with organizers of all free speech events.

Dozens of text messages reviewed by the Star Tribune reveal several days’ worth of back-and-forth communication between Lang’s security team and Minneapolis Police Lt. Deitan Dubuc ahead of the rally. The exchanges show attempts by both sides to coordinate security planning. It appeared to include mixed signals about where Lang’s vehicles could go.

Lang’s team provided maps depicting the group’s planned travel route through downtown, a detailed itinerary and marked pictures showing where they intended to stage outside City Hall – behind makeshift barricades.

At one point, Lang’s team sent Dubuc a picture of four men outfitted in ballistics helmets and vests. “You guys are looking ready,” Dubuc replied, adding a fist bump emoji.

As the event neared Saturday morning, Dubuc asked for specific details about the make and models of the vehicles Lang’s crew would arrive in and how many occupants they had. Lang’s team provided the information about all three vehicles, adding “inside barricades please.”

“Copy,” Dubuc said, later reminding them: “I was advised to share with you that the police can’t give special treatment to anyone including this event. Stay Safe and keep me posted.”

When Lang’s team sent a question mark, Dubuc clarified: “Meaning that laws cannot be broken.”

Lang’s team signaled they understood.

Soon after, Dubuc messaged again noting that protesters were gathered on both sides of the street and that, for their safety, “your people will be asked to move along” like anyone else.

Minutes later, Dubuc messaged again, saying: “You’re driving the Honda ridgeline right? Driving on the sidewalk is illegal.”

“The communication there is problematic (for charging),” Moriarty said. “One could argue just on the face that driving up onto the sidewalk could be perceived as an intentional act but all of the coordination and communication show that the whole concept there was for Lang to make a speech. It’s very clear that driving the trucks up onto the sidewalk was not done to intentionally cause fear or a threat.”

In a statement, the Minneapolis Police Department said it respected Moriarty’s charging decision but said its officers never “directed or authorized anyone to drive onto the sidewalk” and had specifically told Lang’s detail driving on the sidewalk was illegal.

The department will now work with the Minneapolis City Attorney’s Office as it considers charges.

Moriarty said an MPD officer was injured while helping a community member who had fallen in front of a truck during this incident.

“That officer placed himself in harm’s way because he feared the driver did not see the community member on the ground with the surrounding crowd and chaos,” she said. “Although the officer was struck by the vehicle, felony assault requires intent and, as the officer noted in his report, he did not believe the driver saw what was happening. The officer was seen at a local hospital and released.”

Minnesota legal statutes allowed Moriarty to charge first or second felony riot against Lang, if she felt it was appropriate. Minnesota law says those charges are possible when “three or more persons assembled disturb the public peace by an intentional act or threat of unlawful force or violence to person or property.” Third-degree riot is a gross misdemeanor and chargeable by the Minneapolis City Attorney.

Lang, who spent four years in prison for his role in the Jan. 6, 2021 attack on the U.S. Capitol before President Donald Trump pardoned him in 2025, has brought his provocations to Minneapolis before. In January, he staged an anti-Islam rally outside City Hall after an ICE agent shot and killed Renee Good during the federal immigration crackdown.

He arrived here Saturday to advocate for a Rochester woman who called a Black autistic child a racial slur, according to a profane-ridden post on his X account.

In the aftermath of the rally, multiple counterprotesters were also arrested and charged by the Minneapolis City Attorney. That included William Nicholas Love, 33, of Inver Grove Heights, who came to the scene dressed as the Marvel comic book and movie superhero “Spider-Man.”

“I can tell you that we are going to trial,” said Love’s attorney, Kevin Raich, on Tuesday. “Those charges are ridiculous. We are also disappointed with what’s happened to Jake Lang’s case.”

In a post on X earlier this week, Mayor Jacob Frey told people to stay away from the rally.

“Let this lame-ass racist rally fall flat and fade into irrelevance,” he wrote.

Lang, who remains in the Hennepin County Jail, has a pending criminal matter in Texas.

He was charged with making a terroristic threat in Collin County, Texas, in June and ordered to pay a $250,000 bond to be released. In a unique condition, Judge John Roach ordered Lang to immediately leave the state of Texas and not return except for court appearances.

On Monday, Roach issued a warrant for Lang saying his bond was insufficient and he needed to reappear in court.

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(Dave Orrick of the Minnesota Star Tribune contributed to this story.)

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