The federal case against Don Lemon continues its slow, grinding advance toward a trial that legal experts increasingly believe will not result in conviction. As we reported April 1, charges against one of the 39 defendants in the Minnesota church protest case were quietly dropped in March, and the government's FACE Act theory has drawn sustained academic criticism [1].

Lemon, the former CNN anchor turned independent journalist, pleaded not guilty on February 13 to two federal charges: conspiracy to violate constitutional rights and interference with religious freedom [2]. The charges stem from his coverage of an anti-ICE protest at Cities Church in St. Paul on January 18, during which he was livestreaming. A federal magistrate initially rejected the DOJ's attempt to bring charges, finding insufficient probable cause. The government went to a grand jury instead [3].

His defense attorney, Joe Thompson -- the former interim US Attorney for Minnesota who resigned in protest of the Trump administration's policies -- has kept the case on a faster timeline than prosecutors wanted [4]. The Freedom of the Press Foundation called the prosecution "ridiculous" and noted that the magistrate's initial rejection should have ended the matter [3].

The trial date approaches. The legal theory has not strengthened. The process remains the punishment, which may have been the point all along.

-- Anna Weber, Washington