Altered image shows Nekima Levy Armstrong sobbing after arrest during protest outside a Minneapolis church

The White House’s decision to post a doctored photo of a woman arrested in Minneapolis on Thursday will probably be raised in court as her criminal case proceeds, though it is unlikely to derail the case entirely, legal experts said.

The woman in the image, Nekima Levy Armstrong, is one of three people who was arrested on Thursday in connection with a disruptive protest at a church service. About 30 minutes after Kristi Noem, the homeland security secretary, posted a picture of her arrest, the White House posted a digitally altered photo of Armstrong in which her skin appears to be darkened and with tears running down her face. Noem posted pictures of two other defendants arrested on Thursday in connection with the protest, but only posted an altered image of Armstrong.

Criminal defendants in the US are presumed to be innocent until they are proven guilty. As a result, prosecutors are supposed to refrain from making statements that could be prejudicial or lead a jury to be biased against a defendant.

“This is supposed to be a legal process, not a political circus, which they’ve made it,” Jordan Kushner, an attorney representing Armstrong, told CNN on Thursday evening. “To do altered video, let’s not sugarcoat this – this is the hallmark of a fascist regime, where they actually alter reality, in this case literally, in order to meet their narrative.”