The pretrial motions in Case 0:26-cr-00025 — the federal prosecution of Don Lemon and Georgia Fort for conspiracy and FACE Act violations — were filed on April 9, per the court schedule set in ECF 140 [1]. The government's response is due April 23. The defense is seeking grand jury transcripts and a constitutional dismissal of the charges. And as of this writing, not a single mainstream news outlet has reported any of it.
Yesterday's coverage in these pages documented the silence as it began. Today, it deepens. Attorney Abbe Lowell, one of Washington's most prominent defense lawyers, is arguing that the FACE Act — designed to protect access to abortion clinics — was never intended to criminalize journalism at a church protest [1]. That argument is now on the docket. The constitutional questions it raises about press freedom during wartime are precisely the kind of questions the press exists to cover.
The silence is not suppression. It is indifference — the kind that Hannah Arendt would have recognized as more dangerous than hostility. The ceasefire consumes every available column inch. Editors make choices. But the cumulative effect of choosing not to cover the prosecution of a journalist for the act of holding a camera is itself an editorial position [2].
The clock runs. April 23 approaches. The motions sit on PACER, available to anyone who looks. Nobody is looking.
-- ANNA WEBER, Berlin