Attorneys for independent journalist Don Lemon argued in a court filing Wednesday that recent instances of grand jury misconduct by the U.S. Department of Justice warrant the release of transcripts from the secret proceedings in his case. Lemon, a former CNN host, pleaded not guilty in February to federal civil rights charges linked to a protest at a Minnesota church where an Immigration and Customs Enforcement official serves as pastor.
Lemon was among 39 people charged after the 18 January incident at Cities Church in St. Paul. He maintains he attended the protest as a journalist to document events, not as a participant. In the latest filing, his lawyers highlighted what they described as an 'unprecedented and growing distrust' in the Justice Department's handling of grand juries over the past 15 months.
The filing references three recent cases where courts criticised prosecutors for grand jury irregularities. On 21 May, charges were dismissed against four activists in Chicago after a judge scrutinised allegations of misconduct. Earlier, on 15 May, federal judges in Wyoming dismissed nine felony indictments citing comments by the interim U.S. attorney that could have prejudiced jurors. In Rhode Island, a judge on 13 May blocked demands for transgender patient records, stating the Justice Department could 'no longer be trusted to enforce its power fairly.'
Lemon's attorneys also noted that a magistrate judge denied search warrants sought by the Justice Department related to Lemon's YouTube channel and account, as well as cellphone data for other defendants, for lack of probable cause. Additionally, several judges, including Minnesota's chief federal judge, had refused to sign arrest warrants for Lemon and fellow journalist Georgia Fort due to insufficient evidence in initial complaints.
The lawyers argued that given the 'checkered history' of the case and nationwide misconduct, Lemon is entitled to review grand jury records to ensure the proceedings were proper. A Justice Department spokesperson did not respond to a request for comment.
