A Federal Judge Is Examining What Prosecutors Told Grand Jurors Before Lemon Was Charged, A Rare Step That Could Affect Whether The Case Moves Forward
A federal judge is taking the unusual step of examining secret grand jury proceedings that led to the indictment of journalist Don Lemon, opening the possibility that problems with the process could become grounds for dismissing the criminal case.
U.S. District Judge Laura Provinzino ordered the Justice Department to provide extensive grand jury materials for a private court review, including prosecutors’ legal instructions, witness testimony, closing presentations and responses to questions from jurors.
The order does not mean Provinzino has found misconduct or decided to dismiss the charges. Instead, the judge said the review is necessary to determine whether grounds may exist to throw out the indictment because of something that occurred before the grand jury.
The move is considered highly unusual because federal grand jury proceedings are traditionally secret and prosecutors are generally given broad latitude in presenting cases. CNN legal analysts described the court’s decision to examine the materials as an extraordinary development.
Don Lemon’s Attorneys Point to Alleged Grand Jury Irregularities
Lemon and independent journalist Georgia Fort were indicted following their coverage of a Jan. 18 anti-ICE protest inside Cities Church in St. Paul, Minnesota.
Federal prosecutors charged Lemon with conspiring to violate constitutional rights and violating the Freedom of Access to Clinic Entrances Act, or FACE Act. The law also prohibits the use or threat of force and physical obstruction intended to interfere with a person exercising religious freedom at a place of worship.
Lemon has pleaded not guilty and maintains that he attended the demonstration as a journalist covering the protest rather than participating in it.
Lemon’s attorneys have sought access to the grand jury records for months, arguing there is evidence of irregularities in the proceedings.
“There is substantial evidence of grand-jury irregularities in this case,” his attorneys wrote in a court filing cited by CNN.
The defense has also argued that multiple judges previously found there was not probable cause to charge Lemon and Fort. His attorneys further accused a federal agent of falsely portraying the journalists as participants in chanting that occurred inside the church.
Judge Has Not Decided Whether Charges Will Be Dismissed
Provinzino’s order comes as federal judges elsewhere have raised concerns about Justice Department conduct in grand jury proceedings.
CNN reported that judges in Wyoming, Illinois and Virginia have either dismissed charges or sharply criticized prosecutors over mistakes or irregularities in grand jury presentations.
Former federal judge and prosecutor Mark Wolf told CNN that obtaining access to grand jury records is difficult because defendants generally must provide evidence suggesting a defect occurred before a court will examine the secret proceedings.
The Justice Department has defended its practices, saying federal prosecutors receive training on grand jury procedures and corrective action is taken when problems are discovered.
For Lemon, the judge’s review represents an important new stage in a case that has already drawn national attention over press freedom and the legal distinction between participating in a protest and reporting on one.
Provinzino has not ruled on Lemon’s request to dismiss the indictment.
