Don Lemon walked into federal court in St. Paul not as a defendant in hiding, but as a journalist insisting the Constitution still applies.
The former CNN anchor pleaded not guilty Friday in U.S. District Court to charges stemming from his reporting at a January protest inside Cities Church, where demonstrators disrupted a service over federal immigration enforcement.
Magistrate Judge Douglas L. Micko asked Lemon whether he understood the charges against him, and Lemon answered in the affirmative. The judge told him he could continue to travel so long as he did not violate state or federal law.
A prosecutor revealed during the hearing that authorities seized Lemon’s phone at the time of his arrest and obtained a search warrant. Lemon’s attorney, Abbe Lowell, called the seizure a possible over-execution.
“We have serious concerns about the application of these statutes to our client,” Lowell argued.
The indictment, returned by a federal grand jury after a magistrate judge had declined to sign arrest warrants, charges Lemon, Georgia Fort and others with conspiracy against the rights of religious freedom at a place of worship and interfering with access to a house of worship. The protest targeted a pastor whom demonstrators alleged worked for Immigration and Customs Enforcement.
Video reported from several outlets appears to contradict central claims in the indictment, which describes the group as having “entered the Church in a coordinated takeover-style attack” and alleges that they “oppressed, threatened, and intimidated” parishioners.
In footage from inside the sanctuary, Lemon can be heard identifying himself clearly.
“I’m not part of the group; I’m just here photographing,” he said. “I’m a journalist.”
The indictment alleges that Lemon “caused the pastor’s right hand to graze Lemon” during an exchange. Video cited by The Washington Post shows the pastor placing his hand on Lemon’s side as the two spoke.
Lemon responded, “I want to be respectful, but please don’t push me.”
After being asked to leave unless he was there to worship, Lemon answered, “I always worship; I am a Christian.”
Outside the church, the indictment claims Lemon “physically obstructed” congregants exiting the building.
Video appears to show Lemon holding the door open. When one parishioner declined an interview, saying, “I don’t want to interview right now,” Lemon replied, “Okay, thank you, I appreciate it.”
After his initial arrest, Lemon made a statement to reporters.
“Last night, the DOJ sent a team of federal agents to arrest me in the middle of the night for something that I’ve been doing for the last 30 years, and that is covering the news,” he said. “The First Amendment of the Constitution protects that work for me and for countless of other journalists who do what I do. I stand with all of them, and I will not be silent.”
Fighting for a Free Press
Georgia Fort, an Emmy-winning journalist who was also charged, captured her arrest on video as agents descended upon her home.
“It’s hard to understand,” she said, “how we have constitutional rights when you can just be arrested for being a member of the press.”
After her release, she asked, “Do we have a Constitution? That is the pressing question that should be on the front of everyone’s minds.”
National Urban League President and CEO Marc H. Morial condemned the prosecution.
“A free and independent press is a foundational pillar of our democracy, and any effort to intimidate, silence, or criminalize journalistic activity is an affront to the constitutional rights we all share,” Morial said. “The arrest of journalists is the act of an administration bent on deception and secrecy and a clear intimidation tactic.”
Morial emphasized how journalists play a crucial role in “ensuring transparency and accountability, particularly during moments of civic action.”
“The unjust arrest of a member of the press not only violates their rights, it undermines the public’s right to know. This incident is deeply troubling and demands a full, transparent review,” he continued. “We stand in solidarity with all journalists who courageously report from the front lines of our nation’s ongoing pursuit of equity and justice.”
Esha Bhandari, director of the ACLU Speech, Privacy, and Technology Project, added that the federal government prosecuting journalists for their reporting is extremely concerning.
“Made more so by its continued pursuit of these charges after a magistrate judge refused to sign-off on the arrest warrant and over the reported objections of career prosecutors,” Bhandari offered. “This will send a chilling message to other journalists reporting on the administration’s actions and should be understood in the context of the government’s broader crackdown on freedom of the press.”
Deepinder Mayell, executive director of the ACLU of Minnesota, said “the Trump administration has abused the rights of Minnesotans for months.”
“Arresting journalists should alarm everyone,” Mayell demanded. “These arrests are a bold escalation of the Trump administration’s quest to target a free press, avoid transparency and shape the truth. They are trying to send a message to journalists across the country that they could be next.”