Former CNN anchor Don Lemon pleaded not guilty Friday to federal charges stemming from his livestreaming of an anti-ICE protest at Cities Church in St. Paul, Minnesota, in January. The arraignment took place at the Warren E. Burger Federal Building and U.S. Courthouse, where Lemon, accompanied by his legal team and husband Tim Malone, flashed peace signs to photographers, according to Fox News.
Lemon faces charges of conspiracy to deprive religious freedom rights and a violation of the FACE Act (Freedom of Access to Clinic Entrances Act). The charges relate to an incident on January 18th, when protesters entered Cities Church alleging the pastor had collaborated with U.S. Immigration and Customs Enforcement (ICE). Lemon livestreamed the demonstration, which involved what prosecutors described as “aggressive agitators” storming the church, as reported by Fox News.
Prosecutors have not sought to detain Lemon, and Magistrate Judge Douglas L. Micko imposed standard release conditions, including a prohibition against further violations of the law. Lemon’s legal team indicated plans to file a motion for a grand jury proceeding, expressing “serious concerns” about the legal basis of the charges, according to a report from Fox 9. Attorney Abbe Lowell, representing Lemon, characterized the prosecution as taking an “unusual” path, and previously a judge had declined to sign arrest warrants against Lemon and his colleagues.
A key point of contention centers on Lemon’s cell phone, which was seized by federal authorities during his arrest in Los Angeles. Prosecutors confirmed they have obtained a search warrant for the device but are not yet prepared to return it, citing an ongoing investigation. Judge Micko ordered the phone to be returned if it is no longer needed as evidence, NBC News reported. The phone is currently in the custody of the Department of Homeland Security (DHS).
Lemon and four other individuals arrested in connection with the protest all pleaded not guilty to the charges against them during Friday’s arraignment, Fox 9 reported. Nekima Levy Armstrong, a local attorney and activist, was among those arraigned. The case has drawn scrutiny from news media and free speech advocates, given Lemon’s prominent role as a journalist and the implications for coverage of protests.
The indictment against Lemon and eight co-defendants was returned by a federal grand jury. The defense team is seeking access to the grand jury transcripts, raising questions about the process that led to the charges. The government has not yet provided an estimate for when Lemon’s phone will be returned, leaving the matter unresolved.