Don Lemon spent years criticizing Donald Trump before a national television audience. Now the former CNN anchor is arguing that the Trump administration’s hostility toward him is one reason a federal criminal case against him should be thrown out.
Lemon’s attorneys filed motions Friday seeking dismissal of charges arising from the Jan. 18 disruption of a worship service at Cities Church in St. Paul, Minnesota.
One motion argues that Lemon is the victim of a “vindictive” prosecution motivated by President Trump’s hostility toward him. Another contends that Lemon was functioning as a journalist covering a protest and that his conduct is protected by the First Amendment’s guarantee of freedom of the press.
Those are substantial constitutional arguments.
Don Lemon asked a judge to dismiss the civil rights case against him, citing years of President Trump’s derisive comments against him.
Lemon was accused of violating congregants’ right to worship when he entered a Minnesota church with protesters. https://t.co/GHEqGQpAuf
— The Washington Post (@washingtonpost) August 8, 2026
The federal indictment, however, presents a sharply different account of Lemon’s role that day.
According to prosecutors, Lemon did more than arrive at the church and document what protesters were doing. The indictment alleges that he coordinated with protest organizers beforehand and knew where the demonstration was headed while deliberately withholding that information during his livestream.
“We’re going to head to the operation,” Lemon told his audience, according to the indictment. “Again, we’re not going to give any, any of the information away.”
Prosecutors cite that conduct as part of their case that Lemon crossed the boundary between reporting on an event and participating in the operation surrounding it.
Lemon disputes that characterization.
His attorneys argue that gathering information from demonstrators, traveling with them, livestreaming their activities and questioning people at the scene are recognizable journalistic activities. They maintain that criminalizing those actions would threaten the constitutional protections afforded to reporters covering controversial protests.
The question for the court is therefore considerably more precise than whether Lemon is a popular or unpopular political commentator.
It is whether his actual conduct constituted journalism protected by the First Amendment or participation in conduct prohibited by federal law.
The January demonstration targeted Cities Church while a religious service was underway. Protesters entered the church as part of an anti-ICE action. One of the church’s pastors held a leadership position with a local Immigration and Customs Enforcement office.
Lemon was present as protesters entered the building and continued livestreaming from inside. He also questioned members of the congregation and church leadership during the disruption.
Federal prosecutors subsequently charged him in connection with the incident, including with conspiracy against the right of religious freedom at a place of worship.
