Federal agents have arrested two journalists in the last hours, Don Lemon and Georgia Fort. The first has been charged with federal crimes against civil rights. Both had been under the Department of Justice's scrutiny since the 18th of this month when, covering protests against immigration raids, they entered the Cities Church in Minneapolis with some protesters, a parish where a mass was being held. The reporters recorded the peaceful and numerous incursion, as well as interviews with parishioners and pastors, one of whom, David Easterwood, is also a significant ICE agent, the Immigration and Customs Enforcement Service, which was the trigger for the protest.
Lemon is being prosecuted for obstructing the freedom of worship, as reported by the Department of Homeland Security. He is accused of "violating the rights guaranteed by the First Amendment" of the U.S. Constitution, as a spokesperson told AFP.
The Attorney General, Pam Bondi, has made what happened that night one of the cornerstones of the Administration's policies, ensuring that they will "protect at any cost places of worship". "What happened in that church was horrible, terrifying. That should not happen to any Christian, to anyone of any religion, neither in a synagogue, nor in a mosque, nor in any place of worship in our country." Bondi and her team argue that the journalists, just like those they were covering, had no right to be on the church's private property, and that interrupting a religious service violates the constitutional right of worshippers to practice their religion. However, many voices have denounced the move as an attack on the press and freedom of expression.
And the White House, true to its style, has used its official social media accounts to mock one of the journalists, making a joke with his surname: "If life gives you lemons," they wrote adding an icon of handcuffs.
Both journalists are black, like activists Chauntyll Allen or Nekima Levy Armstrong who were also arrested, important figures in the local civil society, and the crime they are accused of is classified under Section 241, a law from the Reconstruction era, after the Civil War, enacted precisely to safeguard the right to vote and participation in public life of African Americans, amidst the violence of the Ku Klux Klan. Similarly, an agent's sworn statement, submitted in support of the Government's case, states that the protesters attempted to violate the "free exercise of religion in a place of worship protected by the FACE Law", a federal law from 1994 established during Bill Clinton's presidency to protect individuals attempting to abort under pressure and threats.
Bondi had previously arrested other activists who had challenged her on videos, but had failed in trying the same with Don Lemon, a former CNN presenter, and Georgia Fort, a former reporter and TV presenter who left traditional media and launched her own platform to cover lesser-known stories, especially in the African American community. Their coverage of the protests over George Floyd's death elevated their status in Minnesota, and their newsroom has accumulated 12 regional Emmy nominations, with three awards.
The courts had dismissed the initial attempt and the appeal, which went before the state's chief judge, a conservative appointed by George W. Bush who had served as an assistant to one of the most influential Supreme Court justices in the last half-century, found nothing irregular in the journalists' behavior, who were just doing their job and no "conspiracy to commit crimes." "I'm just here taking pictures, I'm not part of the group... I'm a journalist," Lemon can be heard saying in the video he recorded that night, posted on his YouTube channel.
The trial court dismissed the charges against them and several others, but urged prosecutors to take the case to a grand jury and request a formal indictment. The grand jury is a common procedure where, when there are doubts about the sufficiency of available evidence, the prosecution can convene a jury of citizens and present the case to them, for them to assess if they see solid grounds to proceed.
Lemon was in Los Angeles to cover the Grammy Awards and was arrested after 11:00 p.m., local time, in the lobby of a hotel in Beverly Hills, as he was heading to an event. Fort was arrested at her home in Minnesota and was able to go live on her social media explaining what was happening. In her video, with total calmness and appealing to her constitutional rights, she recounts how her lawyer had been informed of what was about to happen and that at that moment federal agents were at her doorstep discussing a grand jury subpoena.
"Don Lemon was arrested last night by federal agents in Los Angeles, where he was covering the Grammy Awards. Don has been a journalist for 30 years, and his work in Minneapolis, protected by the Constitution, was no different from what he has always done. The First Amendment exists to protect journalists whose role is to bring the truth to light and hold those in power accountable," his lawyer, Abbe Lowell, stated in a release.
"Instead of investigating the federal agents who killed two peaceful protesters in Minnesota, the Trump Justice Department is dedicating its time, attention, and resources to this arrest, and that is what truly constitutes an accusation of malpractice. This unprecedented attack on the First Amendment and this blatant attempt to divert attention from the numerous crises facing this administration will not go unpunished. Don will vigorously defend himself against these charges in court," the statement continues.
Fort's lawyer told the Minnesota Star Tribune that Fort was arrested around 6 a.m. and taken to the Whipple federal building, which has become one of the focal points of protests against ICE. Shortly after the journalist's arrival, a protest was scheduled in front of the facilities, in support of other protesters known as The 16 of Minnesota, who were detained this week, and whose faces and names were published by Attorney General Bondi on her social media as a warning.