Don Lemon was released from federal custody on his own recognizance Tuesday after a U.S. Magistrate judge, with a tinge of impatience in her voice, summarily rejected a list of pre-trial conditions that the government wanted placed on the former CNN anchor.
Lemon emerged from the federal courthouse in downtown Los Angeles holding hands with his husband, Tim Malone, as helicopters circled overhead and passing motorists honked in apparent support. He was still wearing the cream-colored suit he had been photographed in the night before at a party linked to the Grammy Awards. He faced the cameras after having been charged in a grand jury indictment with conspiracy to disrupt a church service in Minnesota on Jan. 18. Officials allege he deprived congregants of their right of religious freedom.
“I want to thank everybody for their support. It really, it truly means the world to me,” he said. “I have spent my entire career covering the news. I will not stop now. In fact, there is no more important time than right now, this very moment, for a free and independent media that shines a light on the truth and holds those in power accountable.”
Lemon, who now works as an independent journalist with a YouTube show and podcast, struck a defiant tone regarding his 14-page grand jury indictment, which came after a judge in Minnesota previously rejected charges against him sought by President Trump’s Justice Department.
“Last night, the DOJ sent a team of federal agents to arrest me in the middle of the night for something I’ve been doing for the last 30 years, which is covering the news,” Lemon said. “The First Amendment protects that work for me and for countless other journalists. I stand with them, and I will not be silenced. I look forward to my day in court.”
Earlier in the afternoon, Lemon confidently walked into the courtroom packed with media, members of his family, L.A. Mayor Karen Bass, a representative from his talent agency, and several men wearing Department of Homeland Security uniforms. He waved and blew a kiss to his husband in the gallery before taking his seat.
U.S. Magistrate Judge Patricia Donahue took the bench, and Lemon confirmed that he had reviewed the grand jury indictment accusing him of conspiring to interfere with the First Amendment rights of churchgoers during a protest at Cities Church in St. Paul. The church is led by a pastor, David Easterwood, who also serves as an official with U.S. Immigration and Customs Enforcement.
Before the hearing, federal pretrial services recommended that Lemon be released under what is known as general supervision. The government, however, pressed for stricter conditions.
While he never asked for ongoing detention, Assistant U.S. Attorney Alexander Robbins requested that Lemon be required to post an unsecured $100,000 appearance bond, surrender his passport, and have his travel restricted to New York, Minnesota, and Washington, where his lead lawyer, Abbe Lowell, is based.
“Why?” Judge Donahue interrupted, sounding a little annoyed. The prosecutor argued that Lemon’s conspiracy charge was “a very serious felony,” asserting that Lemon had “knowingly stormed a church to terrorize people.” He alleged that Lemon confronted congregants and physically obstructed them. Lemon, 59, shook his head and let out a slight laugh at the characterization.
Lemon’s local defense lawyer, Marilyn Bednarski, called the proposed restrictions “inappropriate,” citing Lemon’s lack of any criminal record, his long and highly public career in journalism, and his intention to contest the charges.
“My client is not a flight risk,” Bednarski said. “He is one of the most recognizable figures in the world. He has no criminal convictions, no property or assets abroad, and he is committed to fighting this case. He’s not going anywhere.”
The prosecutor attempted to interject, but the judge responded, “Hold on.” When she finally announced her decision, it was a sweep for the defense. Judge Donahue rejected the idea of the $100,000 bond and said there would be no supervision of Lemon’s release.
He only needs to seek court permission for any international travel, she said. From the bench, she ordered that Lemon was free to take a pre-planned trip to France in June, so long as it doesn’t conflict with scheduled proceedings in the criminal case.
Lemon was ordered to appear Feb. 9 for a hearing in the case in federal court in Minnesota.
After the protest at the church, the Justice Department sought charges against eight people, including Lemon, but a federal magistrate judge only allowed charges against three to proceed, finding insufficient evidence against Lemon and the others.
In the 14-page indictment unsealed Friday and obtained by Rolling Stone, the government revealed it got a grand jury to charge nine people over the incident. The indictment added Lemon and another independent journalist named Georgia Fort, along with Black Lives Matter leader Trahern Jeen Crews.
Lemon and Fort were livestreaming as dozens of anti-ICE protestors entered the church and interrupted the service, yelling and blowing whistles. The indictment alleges Lemon and Fort participated in a “takeover-style attack” that was “traumatizing to church members.”
“Don has been a journalist for 30 years, and his constitutionally protected work in Minneapolis was no different than what he has always done,” Lowell said in a statement released while Lemon was still in custody.
“The First Amendment exists to protect journalists whose role it is to shine light on the truth and hold those in power accountable. There is no more important time for people like Don to be doing this work.”