Judge seeks Don Lemon indictment's grand jury records in DOJ

Judge requests grand jury records in Don Lemon case

A federal judge in Minnesota is expected to request documents to determine whether the Justice Department's case against former CNN host Don Lemon can be dismissed, according to multiple reports. The move follows an order earlier this month from U.S. District Judge Laura Provinzino demanding the DOJ hand over grand jury materials related to Lemon and other co-defendants.

Lemon's legal team has been seeking those materials, arguing in a recent filing that "there is substantial evidence of grand-jury irregularities in this case." The filing was reported by WJLA and other outlets. Some judges believe there is no probable cause to charge Lemon at all, according to reports citing CNN.

The case stems from a protest on Jan. 18 at Cities Church in St. Paul, Minnesota, where demonstrators targeted a pastor who works for Immigration and Customs Enforcement. Lemon has said he accompanied the protesters in a freelance reporting role to live-stream the episode, while the government alleges he participated in the disruption.

Charges and legal arguments

In February, Lemon was indicted alongside multiple protesters on charges including conspiracy against rights and injuring, intimidating, or interfering with the exercise of religious freedom at a place of worship, under the Freedom of Access to Clinic Entrances Act. The charges could result in a year in prison and up to a $10,000 fine. The law prohibits interference or intimidation of any person by force, threat of force, or physical obstruction while exercising or seeking to exercise the First Amendment right of religious freedom at a place of worship.

Lemon has maintained his not guilty plea and is seeking dismissal of the charges, arguing he was reporting on the protest, not participating in it. "I will not be silenced. I have spent my entire career covering the news. I will not stop now," Lemon told reporters after a January court appearance. "There is no more important time than right now, this very moment, for a free and independent media that shines a light on the truth and holds those in power accountable."

Prosecutors, however, have argued Lemon did more than report. They alleged that Lemon and other protesters at one point "largely surrounded" the pastor "in an attempt to oppress and intimidate him," and that Lemon "posted himself" at the main door and "physically obstructed" congregants.

The government has argued Lemon's actions violated the First Amendment's right to worship and freedom of religion, while Lemon contends his actions were protected under the First Amendment's protections for the press and protesters.

Judicial scrutiny

Prosecutors' arguments have drawn scrutiny from judges across the U.S., with CNN reporting concerns about whether the DOJ is handling this case and others like it ethically. The Washington Examiner, which covered the legal proceedings, reached out to the DOJ for comment.

Judge Provinzino's order for grand jury materials is seen as a key step in evaluating Lemon's claims of irregularities, which his team says could undermine the case against him.