Journalist Don Lemon released from federal custody in LA after first court appearance
I spent the afternoon inside the courthouse with dozens of other people awaiting Lemon's first appearance in his federal criminal case over a Jan. 18 protest at a church in Minnesota.
Journalist Don Lemon was released from federal custody in Los Angeles on Friday following his first court appearance on charges that stemming from his coverage of a Jan. 18 protest at a Minnesota church where a U.S. Immigration and Customs Enforcement agent is a pastor.
Lemon, 59, is charged in a grand jury indictment with two crimes: interfering with the free exercise of religious beliefs and conspiracy against right of religious freedom at place of worship.
Federal agents arrested him at hotel in Beverly Hills early Friday. Georgia Ellyse Fort, a journalist in Minnesota, also was arrested on Friday. She was released from custody after appearing in Minneapolis federal court.
Lemon walked out of the Edward R. Roybal Federal Building and U.S. Courthouse in downtown Los Angeles about 3:25 p.m. with his husband, Tim Malone, after U.S. Magistrate Judge Patricia Donahue ordered him released on his own recognizance.
He spoke briefly to a huge crowd of media and supporters.
“I have spent my entire career covering the news. I will not stop now. In fact, there is no more important time then right now — this very moment — for a free and independent media that shines a light on the truth and holds those in power accountable. Again, I will not stop now. I will not stop ever,” said Lemon, who was fired from CNN in 2023 and now hosts a show on YouTube.
“Last night, the DOJ sent a team of federal agents to arrest me in the middle of the night for something that I’ve been doing for the last 30 years, and that is covering the news,” Lemon said. “The First Amendment of the Constitution protects that work for me and for countless of other journalists who do what I do. I stand with all of them, and I will not be silenced. I look forward to my day in court. Thank you. All of you.”
Lemon went live on YouTube after court.
I attended Lemon’s court appearance along with dozens of other people, including Los Angeles Mayor Karen Bass.
Bill Essayli, the top federal prosecutor in the Central District of California, was joined at the prosecutor’s table by Assistant U.S. Attorney Alexander Robbins.
The 12-page indictment lists Attorney General Pamela Bondi and Harmeet Dhillon, the assistant attorney general leading the Civil Rights Division, as well as Jesus A. Osete, a principal deputy assistant attorney general in the Civil Rights Division.
Robert J. Keenan, a longtime federal prosecutor in Santa Ana, California, who is now an acting deputy assistant attorney general in the Civil Rights Division, also is named, as is Orlando B. Sonza, Civil Rights Division counsel.
Essayli and Robbins didn’t object to Lemon being released from custody, but they asked Judge Donahue to impose release restrictions against the recommendation of U.S. District Court’s pretrial services, which said Lemon didn’t need any.
Robbins said Lemon should be restricted from traveling outside of New York and Minnesota. He was mentioning another restriction when Judge Donahue asked, “Why?”
“I’m happy to back up,” Robbins told the judge before saying that Lemon is charged with “a very serious felony” so restrictions “that apply to almost any other felony defendant would be appropriate.”
Robbins said Lemon should have no contact with victims or his alleged co-conspirators and he should surrender his passport and post a $100,000 bond.
Lemon’s lawyer Marilyn Bednarski agreed Lemon should be restricted from contacting witnesses or co-defendants but said no travel restrictions are needed.
She said Lemon graduated from journalism school in 1996 and “has been a journalist ever since. That’s what he does.” He’s not a flight risk or danger to the community,
“He’s one of the most well-known figures in the world,” Bednarski said. “He’s readily recognizable.”
Bednarski said Lemon has a trip to France planned in June and has no international ties such as family or property that make him a risk not to return to the United States.
“He is committed to fighting this case. He’s not going anywhere,” said Bednarksi, who is with McLane Bednarski & Litt, LLP in Los Angeles.
Robbins didn’t object to Lemon traveling to France but asked that he be restricted from traveling without permission from pre-trial services.
Robbins cited paragraphs in the indictment that he sided with illustrate the seriousness of the case. One says Lemon “told his livestream audience about congregants leaving the Church and about a ‘young man’ who LEMON could see was ‘frightened,’ ‘scared,’ and ‘crying’ and LEMON observed that the congregants’ reactions were understandable because the experience was’ traumatic and uncomfortable,’ which he said was the purpose.”
“These are relevant to which condition?” Donahue asked.
Robbins said they show Lemon’s potential danger to the community. He said restrictions are necessary to ensure Lemon “doesn’t commit similar acts” or “feel emboldened to commit similar acts.”
Bednarski responded that Lemon has no history of violence and the idea that he’s a danger is not justifiable.”
The core issue in the case appears to be whether “obstruction [was] a matter of legitimate First Amendment protest activity” or did it cross the line, Bednarksi said. She called the allegations against Lemon “vague.”
Bednarski also said she didn’t have a copy of the indictment — “if it was emailed while I was in lockup, I don’t have it” — and said something about bringing the person who wrote the affidavit into court so she could cross-examine him, but that didn’t happen.
Judge Donahue imposed the following restrictions:
Lemon must obtain court permission for international travel, except for an already planned trip to France in June.
He is barred from contacting any known victims, witnesses, or co-defendants in the case.
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The indictment comes after U.S. Magistrate Judge Douglas L. Micko in Minneapolis refused to sign a criminal complaint or arrest warrant for Lemon on Jan. 22. Micko found there was probable cause for only three defendants.
Daniel Rosen, the U.S. attorney in Minnesota, asked Chief Judge Patrick J. Schiltz for another judge to review Micko’s decision.
The DOJ then filed a 13-page emergency petition with the 8th Circuit U.S. Court of Appeals.
Schiltz told the 8th Circuit he learned of the filing when he received an email about an order sealing the case and inviting him to respond to the petition.
“The United States did not have courtesy to tell me that they would be filing such a petition, nor did the United States serve the petition on me,” the judge wrote. “I am unable to access nay documents…because, at the request of the United Staes, the case is sealed — apparently even for me. So I have been given about two-and-one-half hours to respond to a mandamus petition that I have no read and cannot read.”
He said the request to review Micko’s decision “is unheard of in our district, or, as best as I can tell, any other district in the Eighth Circuit.”
“I have surveyed all of our judges—some whom have been judges in our District for over 40 years—and no one can remember the government asking a district judge to review a magistrate judge’s denial of an arrest warrant,” Schiltz said.
Judges Jane L. Kelly, L. Steven Grasz and Jonathan A. Kobes rejected the petition on Jan. 23.
Grasz said in a concurrence that the affidavit “clearly establish probable cause for all five arrest warrants” but “the government has failed to establish that it has no other adequate means of obtaining the requested relief.”
That means turned out to be a grand jury.
The charges:
Count One: Conspiracy Against Rights | Statute: 18 U.S.C. § 241
The defendants allegedly conspired to “injure, oppress, threaten, and intimidate” clergy, staff, and congregants to prevent them from freely exercising their First Amendment right to religious freedom at a place of worship.
The indictment alleges the group organized an operation called “Operation Pullup” to disrupt the church service because they believed it was harboring a “Director of ICE”. Activities included holding a pre-operation briefing, entering the church in “waves” to avoid detection, and interrupting the service with chants and shouting.
Count Two: Interference with Right of Religious Freedom | Statute: 18 U.S.C. §§ 248(a)(2), (b) and 18 U.S.C. § 2(a) (Aiding and Abetting)
The defendants are accused of using force, threats of force, and physical obstruction to intentionally intimidate and interfere with individuals lawfully exercising religious freedom.
The indictment notes that this conduct resulted in bodily injury to one of the congregants. Specific acts alleged include blocking aisles, yelling at children, and obstructing parents as they tried to retrieve children from the church’s childcare area.
Lemon and Fort are two of nine defendants charged in the case. Two have not been publicly identified in court documents. The others are Nekima Valdez Levy-Armstrong, Chauntyll Louisa Allen, William Scott Kelly, Jamael Lydell Lundy and Trahern Jeen Crews.
The allegations:
Levy-Armstrong:
Organized the operation targeting the church, dubbed “Operation Pullup,” and promoted it on Instagram
Led a pre-operation briefing
Directed a “first wave” of agitators to enter the church in an undercover capacity, positioning themselves around the sanctuary without wearing “activist-identifying” clothing
Interrupted the pastor’s sermon with loud declarations about the church harboring a “Director of ICE”
Stood in front of a minivan full of children as it prepared to depart the church
Allen:
Co-organized “Operation Pullup” and promoted it on her Instagram account
Led chants during the pre-operation briefing (e.g., “ICE out of Minnesota”) and directed the group to stay “bumper-to-bumper” while traveling to the church
Led the “second wave” of agitators into the church
Joined in various chants, such as “Hands Up, Don’t Shoot!,” while gesturing in a manner perceived by some congregants as aggressive or hostile
Lemon
Livestreamed the event on “The Don Lemon Show,” where he said he was with an organization gearing up for a “resistance” operation
Stepped away so his mic would not record planning details
Approached the pastor and asked him questions
Posted himself at the main door of the church, and asked exiting congregants about immigration policy
Kelly
Disrupted the service by chanting, “This ain’t God’s house. This is the house of the devil”
Approached a congregant with children to demand why she was not supportive of the takeover; screamed “Nazi” in congregants’ faces and told child congregants their parents were going to “burn in hell”
Walked in front of a minivan full of children and yelled at the occupants as they attempted to leave
Fort
Attended the pre-operation briefing
Joined other defendants in physically occupying the main aisle and rows of chairs
Stood in front of a departing minivan full of children while conducting an interview with Armstrong
Lundy
Participated in the takeover by standing in the main aisle
Participated loudly in chants, including those stating the targeted ICE agent must be “Out! Out!,” while punching his fist in the air
Crews
Attended the pre-operation briefing and traveled with the group to the church
Stood in and around the main aisle and participated in chants
Mayor Bass spoke outside the courthouse after the hearing, which was scheduled for 1:30 p.m. but didn’t begin until about 2:25 p.m.
Bass said she’s “not a lawyer, but I will tell you … what they described as his crime, from my perspective, a layperson’s perspective, was the work of a reporter.”
“He went into the church along with the protesters. He covered the story. He listened to what the people said who were in the church. That is his crime. It made no sense to me,” Bass said. She said if she were on the other side “I would be embarrassed by that court proceeding that actually wanted to limit his movements so he could not go anywhere except for Minnesota to New York, a journalist who travels the country.”
“We have seen people being snatched off our street, and now all of you are at risk. And this is just unacceptable. This assault on our democracy has got to end, and you all journalists play such a critical role,” Bass said. She said she’s “going to fight every day for your ability to tell the truth, for your ability to cover this story and any other story.”
“We have to draw the line in the sand and say we will not allow for the dismantling of our democracy,” Bass said.
As I reported on the website formerly known as Twitter, a courthouse source told me Bass was on her way and her chief of staff had been told that the police officers with her can’t have their guns in the courthouse.
Actress Jane Fonda also showed up outside the courthouse but did not go inside. She told media she represents the Committee for the First Amendment, “which is made up of about 3,000 members of the entertainment industry.”
“The arrest of Don Lemon, doing his journalistic duty, is one page more out of an authoritarian playbook, and we say enough is enough. We have to fight to protect our rights. Many of our fathers and grandfathers fought and died for these rights, and we are not ready to sit and be quiet. We have to speak up. Every American who believes in our Constitution has to speak up,” Fonda said.
“This is how autocrats act. We can’t fall for it. We have to speak up. When a red line is crossed like this, we cannot be silent,” Fonda said, adding, “They arrested the wrong Don.”
Court documents:
Jan. 29 indictment
Jan. 23 Judge Schiltz’s letter
Jan. 23 8th Circuit judgment
8th Circuit emergency petition
In case you missed it, I appeared on Lemon’s show last year:
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