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By Peter Aitken
Politics Weekend Editor
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Investigative journalist Ronan Farrow raised concerns about the way in which the Trump administration obtained its arrest warrant for Don Lemon—and the implications of that process.
"When governments begin criminalizing the observation of dissent—using technical oversteps as justification—it’s often a warning sign. We’ve seen similar patterns precede press crackdowns in countries like Turkey, Russia," Farrow wrote in a thread on X on Friday.
Why It Matters
Federal agents arrested Lemon in Los Angeles late Thursday night in connection with his reporting on protests at a Minnesota church earlier this month. The former longtime CNN employee was apprehended while in Los Angeles covering the Grammy Awards, his lawyer Abbe Lowell said.
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“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 previously shared with Newsweek. “The First Amendment exists to protect journalists whose role it is to shine light on the truth and hold those in power accountable.”
The Department of Justice (DOJ) also arrested independent journalist Georgia Fort, who shared video of her arrest on Facebook, also citing her coverage of the church protest as the reason for her warrant. Fort said in her video that she knew her coverage would potentially lead the administration to target her.
The arrest unfolds amid intensifying nationwide protests over immigration enforcement and separate federal civil rights scrutiny of the fatal shooting of Renee Nicole Good and Alex Pretti, both American citizens, by federal agents in Minneapolis, heightening political and legal tensions around the government’s response.
What To Know
Farrow posted a breakdown of the procedure the Trump administration followed to obtain an arrest warrant for Lemon and Fort, noting that a federal magistrate judge had found no probable cause to arrest them.
"The procedural history now emerging is unusual," Farrow wrote in his post. "Before the arrests, a federal magistrate judge found no probable cause to arrest them. The government appealed anyway."
A magistrate judge refused to sign an initial complaint against Lemon, backing the argument that the former CNN anchor was at the church in Minnesota as a journalist, not a protester, and the DOJ ultimately empaneled a grand jury to obtain an indictment against Lemon.
A spokesperson for the Department of Homeland Security (DHS) later told Newsweek: “Don Lemon is being charged with 18 USC 241, Conspiracy to Deprive Rights, and 18 USC 248, Violation of the FACE Act, interfering by force of someone’s First Amendment rights.”
Farrow highlighted that the government has leaned on the fact that the journalists did not leave when asked, and that by remaining with the protesters "they blurred the line between observer and participant—and created a legal opening."
"Similar reasoning has been used against journalists across the political spectrum—including in the Steve Baker case, where an independent reporter was charged based on his presence and filming during January 6. The principle should be applied consistently," Farrow wrote.
However, he stressed that the magistrate judge had reviewed video evidence and "drew a sharp line" between issuing arrest warrants for activists - but rejected warrants for the reporters."
"In a functioning system, that ends it. Instead, the DOJ appealed to a higher court to override the magistrate’s ruling and force the warrants through," Farrow wrote. "That procedural move—seeking arrests after a judge said the evidence didn’t support them—is the anomaly."
"Appealing past a judicial rejection to secure the arrest of reporters marks a shift in how the state approaches the press—regardless of ideology or the reporters involved," he continued, adding that "this isn't happening in isolation."
Ultimately, Farrow wrote that if the administration is so keen to pursue cases against journalists - seemingly on an ideological basis - it raises questions about the long-term goals of the administration regarding free speech and opposition, adding: "The real question isn’t 'Did Don Lemon trespass?' It’s: why is the government working this hard to handcuff reporters?"
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What People Are Saying
British broadcaster Piers Morgan on X: "Don Lemon may be annoying, hyper-partisan against Trump, and surprisingly thin-skinned as he showed when he came on [Piers Uncensored] recently.. but he shouldn’t have been arrested for doing his job as a journalist, not least because he is already milking it like a dairy farmer."
Don Lemon speaking to reporters on Friday: “I have spent my entire career covering the news. I will not stop now. 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.”
Conservative attorney Mike Davis, on X Friday: "These charges against Don Lemon carry weight. His threats and force make this FACE Act violation a felony. He walked to the pulpit and stopped the service, admitting he targeting [sic] the church for being white and Christian. This is a slam dunk under the FACE Act. He should go to prison. He doubled down and signaled others to copy him. We need deterrence. We need punishment for Don Lemon and his co-conspirators. Thanks for having me, @bennyjohnson."
What Happens Next
Lemon’s next court appearance is scheduled for February 9. His counsel said he plans to plead not guilty, NBC News reports.
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