Govt's Theory for Prosecuting Don Lemon as to Disruption of Minn. Church Service

https://reason.com/volokh/2026/01/31/governments-theory-for-prosecuting-don-lemon-as-to-disruption-of-minneapolis-church-service/

by treetalker • 6 months ago

30 6 6 months ago

reason.com

SilverElfin• 6 months ago

I don’t know if Lemon actually committed all those different acts that would be needed to treat him as a criminal and not just someone documenting the incident as a journalist. But what I will say is that the Trump DOJ is absolutely selective in where they spend taxpayer resources (the DOJ’s people and time), who they defend, and who they attack.

It’s odd to raid the Washington Post journalist, arrest several people who are documenting ICE activities in Minneapolis, and then arrest Lemon as well, while doing nothing about the trend of right-wing provocateurs harassing minorities and daycare centers. And doing nothing about ICE agents executing people in the streets. Or ICE agents detaining US citizens and letting them go later without any explanation or justice. Or warrantless home invasions.

The way in which the new GOP under Trump had turned the government into a one-sided weapon is unprecedented. It’s weird to think just a year ago, they were all complaining about the trend of rising lawfare, only to become the absolute worst version of it themselves.

mc32• 6 months ago

It’ll be interesting to see how this turns out.

Is a journalist someone who prints out a press badge? Can YouTubers with mics go out there and shadow people who’re going to commit crime?

If you witness a crime in progress and record it presumably that’s okay. If you know a crime is going to be committed in advance and you record it but don’t get involved in the crime, are you an accessory of some sort?

Like if you know your friends are going to snatch purses at ATMs but you’re not part of it and only film it to uploads to YouTube, are you in trouble?

Because he was previously a newscaster of a reputable organization, he’ll likely get more leeway and likely will face light if any penalties.

mcphage• 6 months ago

Is a journalist someone who prints out a press badge?

What difference does that make? Are you suggesting Don Lemon merely printed out a press badge?

IAmBroom2• 6 months ago

A bunch of silly hypotheticals, dressed up as arguments.

A journalist is anyone who reports the news. Period. If you call your newspaper and tell them about government agents murdering suspects (not a hypothetical, BTW), you are doing the work of a journalist.

zugi• 6 months ago

This will be an interesting case. Lemon has been adamant that far from "conspiring", he hadn't even known the target of the operation until he showed up that morning "to cover it." So I was sure the government had no case whatsoever.

These quotes make it clear that, despite Lemon's statement being true, he then carefully hid the news until the protestors wanted it revealed. That alone probably wouldn't stick either, as requiring journalists to immediately reveal such information from sources would stifle free press.

Claims that he blocked parishioners from leaving will be hard to prove too in a crowded chaotic scene.

Misdemeanor trespassing for not leaving the building when so directed might stick, but that's a local charge, not federal.

Ultimately now independent journalist Lemon wins regardless of the verdict, due to the added publicity of the charges.

IAmBroom2• 6 months ago

Interesting only in the sense that it will be a test of whether the court system has any respect left for the Constitution, and by extension, rule of law.

As you have pointed out, there simply isn't a reasonable argument that his arrest wasn't an outright violation of 1A, with a fairly obvious intention to intimidate the free press.

Govt's Theory for Prosecuting Don Lemon as to Disruption of Minn. Church Service

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