Don Lemon Released After Arrest but Still Faces Federal Civil Rights Charges for Coverage of Anti-ICE Church Protest

Don Lemon was released after being arrested in connection with his coverage of an anti-ICE protest, according to his attorney.

Lemon, 59, appeared in federal court on Friday, Jan. 30. As he entered the courtroom, he blew a kiss to his husband, Tim Malone, who was seated in the gallery. After the arraignment, Lemon was seen leaving the Edward R. Roybal Federal Building and United States Courthouse in Los Angeles.

Outside, Lemon and Malone, 41, walked hand-in-hand through a crowd of media and supporters. One person called out, “We got your back, Don. We’re proud of you, Don.”

What the case is about

The arrest stems from a Jan. 18 protest at a church in St. Paul, Minn., where demonstrators interrupted a religious service while chanting “ICE out.”

Prosecutors say Lemon violated a federal law that protects the right of people to participate in religious services without interference. Lemon’s attorney, Abbe Lowell, argued that Lemon entered the church in his capacity as a journalist covering the event.

Lowell said Lemon “was taken into custody by federal agents last night in Los Angeles, where he was covering the Grammy awards,” according to a statement released earlier Friday.

Both the FBI and the U.S. Department of Homeland Security confirmed the arrest. “The HSI [Homeland Security] & FBI arrested Mr. Lemon last night in Beverly Hills at approximately midnight based on a federal warrant issued in another district,” the FBI said in a statement.

Lemon is charged with conspiracy against rights of religious freedom at a place of worship, and with injuring, intimidating, and interfering with the exercise of the right of religious freedom at a place of worship, according to the criminal docket out of the U.S. District of Minnesota.

Release conditions and next court date

Under the terms of Lemon’s personal recognizance bond, he can travel within the U.S. and keep his passport, but he must get approval for international travel. He is also required to avoid contact with any alleged victims or witnesses.

His next court appearance is scheduled for Monday, Feb. 9, at 10 a.m. local time in Minneapolis at the U.S. District Court for the District of Minnesota.

In court on Jan. 30, Lemon’s attorney, Marilyn Bednarski, said he intends to plead not guilty and is “committed to fighting this case.”

Background on the prosecution

The government has previously attempted to bring charges tied to Lemon’s presence at the protest, part of what his supporters describe as an escalating effort involving unusual legal maneuvers.

After the church incident, the Justice Department initially sought charges against eight people, including Lemon. Minnesota Chief District Judge Patrick Schiltz allowed charges against only three people to proceed, citing insufficient evidence against Lemon and others.

But in a 14-page indictment unsealed Friday, prosecutors said they secured grand jury charges against nine people connected to the incident. The indictment added Lemon and another independent journalist, Georgia Fort, as well as Black Lives Matter leader Trahern Jeen Crews.

According to court documents, Lemon and Fort were livestreaming as dozens of protesters entered the church and disrupted the service, allegedly yelling and blowing whistles. Prosecutors allege Lemon and Fort participated in a “takeover-style attack” that was “traumatizing to church members.”

Lemon: “I will not stop reporting”

After leaving court, Lemon spoke outside the downtown federal courthouse and said the prosecution would not deter him from reporting on ICE-related activity.

“I have spent my entire career covering the news. I will not stop now,” he said. “I will not stop ever.”

He added: “Last night, the DOJ sent a team of federal agents to arrest me in the middle of the night for something that I have been doing for the last 30 years, and that is covering the news. The First Amendment of the Constitution protects me and countless other journalists who do what I do. I stand with all of them, and I will not be silent. I look forward to my day in court.”

Earlier remarks about a possible arrest

A week before he was taken into custody, Lemon said he believed he could be arrested, even after Schiltz rejected earlier attempts by the government to proceed against him.

“Look, I’m not naive,” Lemon told Scripps News’ Alisyn Camerota on Jan. 23. “I think they’re probably going to try again and again to shame like they did with James Comey and everyone.”

“If one doesn’t work, they try something else, and that fails, and they try something else, and then they just don’t give up because they want to save face,” he said. “I don’t know what’s next.”

Lemon added that he believed the Trump administration would “go around a judge and just do it themselves” if there’s “no law to fit.”