Magistrate judge rejected initial complaint over lack of probable cause
Former CNN anchor Don Lemon is asking a federal court in Minnesota to dismiss the indictment against him, arguing that he is being illegally targeted for vindictive prosecution. According to Lemon’s attorneys, President Donald Trump’s anger toward the journalist “is well documented, stretching back over a decade.”
In court filings, the attorneys argued that the Justice Department charged Lemon as punishment for his First Amendment-protected reporting on protests related to Operation Metro Surge in Minnesota. The lawyers also cited public remarks by Trump and by current and former Justice Department officials that were aimed at Lemon ahead of his indictment in late January.
Lemon is one of several journalists facing charges — along with a number of protesters — for violating the FACE Act, which bars interfering with or intimidating people as they exercise their constitutional rights to practice religion. He has pleaded not guilty.
The charges stem from a Jan. 18 incident at Cities Church in St. Paul. Federal prosecutors have alleged that Lemon and another independent reporter took part in a “takeover-style attack” of the church.
Lemon live-streamed anti-ICE protesters entering the church that day. He said during the live-stream, as well as afterward, that he entered the church to report on the protest.
The grand jury indictment came only after the Justice Department’s earlier attempts to charge Lemon were rejected. The department first tried to file a criminal complaint against Lemon, but a magistrate judge ruled against it, citing a lack of probable cause.
The department then sought intervention from the chief judge and the Eighth Circuit Court of Appeals but was rejected. Prosecutors subsequently secured an indictment from a grand jury.
Lemon was arrested in Los Angeles on Jan. 30 while in the city to cover the Grammy Awards. He has said he sought to turn himself in but never heard back from the Justice Department.