Legal experts anticipate the dismissal of the indictment against Don Lemon and others involved in a church protest due to constitutional issues with the charges related to the FACE Act.
Legal experts predict the indictment against journalist Don Lemon and eight others, stemming from their involvement in an anti-ICE protest at a church, will likely be dismissed. The case hinges on a charge considered constitutionally flawed, so much so that the Justice Department 's Civil Rights Division has never before used it to prosecute interference in a house of worship.
The indictment, filed on January 29th, alleges that the defendants violated the Freedom of Access to Clinic Entrances Act, or FACE Act, by intimidating or interfering with individuals exercising their religious freedom at the Cities Church in St. Paul. The indictment also includes a felony charge of conspiring to interfere with individuals' religious rights. Arraignment is scheduled for Friday. Concerns center on a specific section of the FACE Act that criminalizes interference at houses of worship. Former Civil Rights Division lawyers argue this section misinterprets First Amendment rights, which primarily protect religious freedom from government interference, not private individuals. The FACE Act, enacted in 1994, was originally designed to address threats and intimidation faced by women at reproductive health clinics, and the Justice Department has only used it in cases involving access to medical care at such clinics. This is due to courts finding that interfering with access to reproductive health clinics impacts interstate commerce. The legal community believes that these constitutional problems are a significant factor in the lack of previous FACE Act prosecutions in religious freedom cases and are a primary reason for the expected dismissal. The case is further complicated by a series of red flags that former Justice Department officials believe could lead to a quick dismissal of charges. The former Assistant Attorney General for the Civil Rights Division, Kristen Clarke, stated her belief that this use of the FACE Act is illegitimate, wholly outside the original purpose of the law, and that the cases will likely be dismissed soon. A Justice Department spokesperson did not provide comment regarding the decision to use the FACE Act in this case. From the very beginning, the case has been plagued by problems, including a lack of probable cause and the apparent hesitancy of career prosecutors to proceed with the charges. The Justice Department’s Civil Rights Division, in its attempt to charge Lemon, journalist Georgia Fort, Lemon's driver, and local activists who attended the protest, immediately encountered resistance from various legal bodies. Lemon’s attorney has previously stated that his client was present at the protest in his capacity as a journalist and therefore protected by the First Amendment. The affidavit in support of the complaint was filed by an ICE agent with limited experience, whereas such affidavits are usually filed by FBI agents, who typically handle criminal civil rights violation investigations. Magistrate Judge Doug Micko rejected arrest warrants for Lemon and four others based on the FACE Act misdemeanor charge and a related felony civil rights charge alleging conspiracy to violate the churchgoers' rights. He also rejected the FACE Act charge for other defendants, including prominent local activists Nekima Levy Armstrong and Chauntyll Allen, citing 'no probable cause' in his reasoning. Levy Armstrong's attorney, Jordan Kushner, stated that the prosecution violates First Amendment rights. The Justice Department's subsequent request for the chief judge to review Micko's decision met with delays, leading them to appeal to a federal appellate court, which declined to intervene. Minnesota Chief U.S. District Judge Patrick Schiltz criticized the strength of the evidence against the journalists, noting the absence of evidence suggesting criminal behavior or conspiracy. Adding to the case's complexity, career prosecutors in the U.S. Attorney's Office in Minnesota also declined to participate, due to concerns about the lack of evidence supporting a federal crime. Despite these objections and the concerns raised by multiple legal officials, the Justice Department's Civil Rights Division proceeded with the indictment against Lemon, Fort, and other co-defendants, alleging violations of the FACE Act and conspiracy to interfere with religious rights. The indictment names only politically appointed Justice Department lawyers within the Civil Rights Division, further contributing to the controversy surrounding the case
Don Lemon FACE Act First Amendment Justice Department Freedom Of Access To Clinic Entrances Act
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