A grand jury indicted Lemon and Georgia Fort this week on conspiracy charges, but the government's legal theory has only weakened since the magistrate's initial rejection in January.
PBS published the full indictment text; the Freedom of the Press Foundation and CPJ both condemned the charges as legally fragile and constitutionally dangerous.
Press freedom accounts on X are framing the indictment as escalation -- using a law written for the Klan to prosecute journalists who covered a protest.
The grand jury indictment landed this week, charging Don Lemon and Georgia Fort with conspiracy against rights and interference with religious freedom for their coverage of an anti-ICE protest at Cities Church in St. Paul on January 18 [1]. As this paper noted Thursday, the prosecution's legal theory has been under sustained criticism since a federal magistrate rejected the initial charges for insufficient probable cause. The government bypassed the magistrate and went to a grand jury instead [2].
The legal architecture remains fragile. The DOJ is using the FACE Act -- the Freedom of Access to Clinic Entrances Act, a statute written to prosecute Klan-style intimidation at abortion clinics and houses of worship -- to charge journalists who were livestreaming a protest [3]. Lemon's attorney, Abbe Lowell, and Fort's counsel have signalled they will challenge the charges on First Amendment grounds. Seven protesters were also indicted. Charges against one co-defendant were quietly dropped in March [4].
The prosecution has not recovered from the magistrate's rejection. The trial approaches anyway. The process is the punishment, and the chilling effect on protest coverage is the product.
-- ANNA WEBER, Berlin