MINNESOTA — Don Lemon filed a motion with a federal judge in Minnesota on Friday seeking dismissal of criminal charges against him. The charges against Don Lemon relate to his presence at an anti-ICE protest inside a church in St. Paul, Minnesota, on January 18.

Lemon's lawyers argued in the motion that the indictment stemmed from President Donald Trump's longstanding animus toward Lemon and violated the First Amendment. Lemon's legal team is led by attorney Abbe Lowell.

The defense contends that the government pursued the case as retribution for Lemon's protected journalistic work. "The record could not be more clear that Mr. Lemon has been a persistent target of President Trump’s ire before the events in Minnesota," his lawyers wrote in a motion seeking to dismiss the charges.

Lemon's lawyers stated that Trump's animosity toward Lemon is well documented and stretches back over a decade. They cited public statements made by senior current and former Justice Department officials and President Trump that targeted Lemon in the lead-up to his indictment.

The motion specifically cited comments from then-Attorney General Pam Bondi and Harmeet Dhillon, the assistant attorney general for the Civil Rights Division. "The government should not be permitted to use criminal prosecutions to chill journalism disfavored by the President," Lemon’s lawyers wrote.

The legal filing asserted that prosecuting reporters for covering events would have a broad negative impact on the press. Lemon's lawyers wrote that prosecuting journalists for aiding and abetting crimes they cover would chill critical reporting and deter the public from gathering essential information.

"The law has long recognized that bearing witness is not the same as taking part," his lawyers wrote. Lemon's lawyers said the DOJ charged Lemon as punishment for his First Amendment protected reporting on protests related to Operation Metro Surge in Minnesota.

Beginning in December 2025, Operation Metro Surge initially targeted the Twin Cities, and later expanded to all of Minnesota. The Department of Homeland Security (DHS) called Operation Metro Surge the largest immigration enforcement operation ever carried out.

Prosecutors allege Lemon and another independent journalist were part of a "takeover-style attack" of Cities Church in St. Paul, Minnesota. Don Lemon live-streamed anti-ICE protestors rushing into the church on January 18 on his YouTube channel.

Don Lemon and several other journalists have been charged with violating the FACE Act, which prohibits intimidating or interfering with individuals' constitutional right to freedom of religion. The FACE Act was sponsored by Rep. Watson, Diane E. [D-CA-33].

Don Lemon has also been charged with conspiring to interfere with individuals' religious rights. Lemon's lawyers argue the charges are legally deficient and should be thrown out on those grounds.

The motion detailed the circumstances surrounding Lemon's arrest earlier this year. Federal agents arrested Don Lemon in Los Angeles on January 29 in connection with his attendance at the protest. Don Lemon was covering the Grammy Awards in Los Angeles at the time of his arrest.

A judge ordered Don Lemon released on January 30. Initially, the Justice Department tried to charge Lemon by criminal complaint, but a magistrate judge rejected the effort, citing a lack of probable cause.

The Justice Department asked the chief judge and then the Eighth Circuit Court of Appeals to intervene after the magistrate judge's rejection, but those efforts failed. Prosecutors took the case to a grand jury and secured an indictment after appeals to the courts failed.

"Upon hearing rumors of an indictment, counsel for Mr. Lemon contacted the Department of Justice to coordinate Mr. Lemon’s self-surrender," his lawyers wrote. "Instead of arranging the normal self-surrender after a charge would be filed, in what can only be described as an effort to punish and humiliate Mr. Lemon, the government ignored the request to arrange an orderly surrender and chose to deputize agents to his Los Angeles hotel—where he was covering the music industry’s annual awards show—to arrest him at midnight," his lawyers wrote.

"Perhaps recognizing that Mr. Lemon’s presence as a journalist was protected by the First Amendment, the government’s case agent falsely claimed in numerous sworn affidavits that Mr. Lemon affirmatively joined the protestors by ‘chanting with agitators and obstructing parishioners’ path of travel,' his lawyers wrote."

Following Lemon’s arrest, the Trump White House’s official X account posted a photo of the journalist with the text, Don Lemon Arrested for Involvement in the St. Paul Church Riots. The caption on the White House X post read: When life gives you lemons… followed by the emoji for chains.

President Donald Trump insulted Don Lemon at the White House Correspondents’ Association Dinner last month, calling him the lowest IQ on television" and "the dumbest man on television." "I said, ‘You know, when you say some things, you never make a comeback.’ It’s not like, ‘Oh gee, hey Don, let’s have dinner some night,’" Donald Trump said."

In an appearance on "Jimmy Kimmel Live!", Don Lemon said the DOJ wanted to "embarrass" and "instill fear" in him. "That’s why they did it that way," Don Lemon said.

"Apparently I’m living rent free in Donald Trump’s head, alongside Barack Obama," Don he said in a statement. "I’m not surprised by his insults," Don he said.

"But they reminded me that if I ever have a microphone that big, I’m going to use it to make life more affordable by helping Americans earn a living wage, buy a home, afford quality health care, and trust their government again," Don he said. "The presidency is the biggest microphone in the world," Don he added.

"Americans deserve a President who spends more time solving problems than settling scores," Don he added. Don Lemon has pursued a career as an independent journalist since leaving CNN.

This case tests the boundaries of the Freedom of Access to Clinic Entrances (FACE) Act when applied to journalists covering civil unrest. The statute, which was referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law, prohibits interfering with religious exercise. Prosecutors argue that Lemon crossed the line from observation to participation in a disruption of services at Cities Church.

The defense argues that the indictment represents a political weaponization of the justice system against a critic of the administration. If the court accepts the argument that Lemon's presence was protected journalistic activity, it could limit the ability of federal prosecutors to charge media members with conspiracy or aiding and abetting during protests. The outcome will determine whether bearing witness to a crime can itself be prosecuted as a criminal act under federal civil rights laws.

Why It Matters

The defense argues that prosecuting journalists for covering protests could chill critical reporting and deter the public from gathering essential information. By asserting that bearing witness is distinct from participating, the motion seeks to establish a precedent protecting newsrooms from being charged with aiding and abetting crimes they document. The outcome may determine whether the government can use criminal prosecutions against journalism disfavored by the President.