Independent journalist Don Lemon has filed a motion asking a federal judge to dismiss the felony indictment against him, arguing that the charges stem from a politically motivated campaign by the Trump administration to punish him for his reporting. The former CNN anchor faces charges related to his coverage of an anti-immigration enforcement protest at a Minnesota church earlier this year.
In a filing submitted Friday, Lemon's legal team contends that the prosecution constitutes "vindictive prosecution," pointing to a "well documented" pattern of President Trump's "animosity" toward Lemon and public statements from senior Justice Department officials that showed "direct hostility" to his journalistic work.
"The government should not be permitted to use criminal prosecutions to chill journalism disfavored by the President," Lemon's lawyers wrote. "The targeting of Mr. Lemon for criticism even before the Minnesota protests, and then the attacks starting on and continuing after, provide more than sufficient grounds to conclude the prosecution of Mr. Lemon is vindictive."
The Hill has reached out to the Justice Department for comment.
Lemon was arrested in January in connection with what then-Attorney General Pam Bondi described as a "coordinated attack" on Cities Church in St. Paul, Minn., during a federal law enforcement surge. His lawyers allege that he attempted to turn himself in, but the government ignored that request and instead "chose to deputize agents" to his Los Angeles hotel, which they characterize as an effort "to punish and humiliate" him.
Lemon was part of a group of journalists who documented protesters entering the church—where a pastor was believed to have ties to Immigration and Customs Enforcement (ICE)—and interrupting services with chants of "ICE out!" Eight people, including Lemon, were indicted on two counts under the Freedom of Access to Clinic Entrances Act, which protects access to houses of worship from force or threats. He has pleaded not guilty.
The indictment came after the Justice Department failed to secure charges from a federal magistrate judge, who found no probable cause to arrest Lemon. The chief judge and the 8th Circuit Court of Appeals also declined to intervene. Lemon maintains he was present as a journalist, not a participant, and that his actions are protected by the First Amendment.
The filing also highlights a social media post from the White House account that featured Lemon's picture with the caption "when life gives you lemons." His lawyers argue that such actions reveal a clear constitutional violation: "While the government may think it has made lemonade, all it has really made is a grave constitutional violation by arresting a journalist in the middle of the night for his coverage of a matter of public concern."
Lemon is asking that the charges be dismissed with prejudice, meaning they could not be refiled. This case adds to a broader pattern of legal battles over the administration's handling of protests and press freedom, similar to other recent disputes such as Vance's anti-fraud roundtable amid the Minnesota probe and Trump's indecision on Pirro after charges were dropped.
