Don Lemon’s indictment under scrutiny as federal judge examines grand jury proceedings

The judge is reviewing materials from the secret proceedings to determine whether there are grounds to dismiss the criminal case.

A federal judge is taking an unusually close look at the grand jury proceedings that led to criminal charges against journalist Don Lemon, raising the possibility that the case could be dismissed. The grand jury review comes months after TheGrio covered a judge’s earlier refusal to approve charges against him and Lemon’s subsequent arrest over his coverage of an anti-ICE protest at a Minnesota church.

In an Aug. 18 order, U.S. District Judge Laura Provinzino directed the Justice Department to turn over grand jury materials by Tuesday, including prosecutors’ legal instructions, witness testimony, closing presentations and answers given to jurors, CNN reported. Provinzino said the private review is necessary to determine whether grounds may exist to dismiss the indictment because of something that occurred before the grand jury.

The order does not find that prosecutors committed misconduct.

Lemon and independent journalist Georgia Fort were later indicted after covering a Jan. 18 protest inside Cities Church in St. Paul. Prosecutors charged Lemon with conspiring to violate someone’s constitutional rights and violating the FACE Act, which prohibits force or threats intended to interfere with religious freedom. Lemon has pleaded not guilty and says he was reporting on the demonstration rather than participating in it.

His attorneys have sought the grand jury records for months, arguing that the proceedings may have been irregular. In a court filing, they said multiple judges found no probable cause to charge Lemon and Fort and accused a federal agent of falsely stating that the journalists participated in chanting inside the church.

The review comes amid broader judicial scrutiny of Justice Department practices. CNN reported that federal judges in Wyoming, Illinois and Virginia have thrown out charges or sharply criticized prosecutors over problems in grand jury proceedings.

The Justice Department defended its practices, telling CNN that U.S. attorneys receive grand jury training and that corrective action is taken when problems arise. A spokesperson said prosecutors would follow the law “without fear or favor” and declined further comment on the pending case.

Former federal judge and prosecutor Mark Wolf told CNN that judicial review of grand jury materials is rare because the proceedings are traditionally secret and prosecutors are given wide latitude.

Provinzino has not ruled on Lemon’s request to dismiss the charges.