BREAKING: Don Lemon pleads not guilty in MN church protest case

What this episode is about

Don Lemon has entered a not guilty plea in a Minnesota church protest case, with expectations that his defense team will outline potential motions to dismiss the charges. Legal experts believe that Lemon may argue that he did not violate the Freedom of Access to Clinic Entrances Act, which would require evidence of violent acts or threats, conditions they suggest may not apply to his situation.

Key takeaways

• Don Lemon's legal saga could redefine journalistic boundaries and First Amendment protections, but will it hold up in court?
• DHS claims often collide with courtroom reality; when evidence speaks, overstatements get exposed like bad magic tricks.
• The FACE Act may be Don Lemon's best friend; proving 'violent threats' will be the crux of the defense.
• When press freedom is at stake, defending one journalist protects an entire profession—one spoke, many echo.
• Recent events show a troubling trend: government narratives are frequently at odds with video evidence, creating a crisis of credibility.

Who speaks in this episode?

• Aaron Haynes (Guest) · 2 min speaking
• Ken Delaney (Guest) · 1 min speaking
• Katie (Guest) · 2 min speaking
• Lisa Rubin (Guest) · 3 min speaking
• James Sample · 2 min speaking
• Laura Barone-Lopez (Guest) · 1 min speaking

What is discussed, and when

1. 0:00 – 3:00: Don Lemon, Aaron Haynes, James Sample, Freedom of Access to Clinic Entrances Act
2. 3:00 – 6:00: ICE, DHS, Ken Delaney, Trump administration
3. 6:00 – 9:00: Nakeema Valdez Levy Armstrong, DHS, Laura Barone-Lopez
4. 9:00 – 11:37: Don Lemon, Laura Barone-Lopez, CBS News, Syracuse University

Notable quotes from "BREAKING: Don Lemon pleads not guilty in MN church protest case"

• Intelligence reporter Ken Delaney and MSNOW senior legal reporter Lisa Rubin, MSNOW White House reporter Laura Barone-Lopez with some new reporting about DHS.

  about Ken Delaney · at 0:01

• To withdraw the complaint against Don Lemon, something I don't see happening, Don Lemon is going to have to move to dismiss those charges.

  about Don Lemon · at 0:57

• And so, Aaron, on that subject, I'm going to use you in I THINK YOU'RE IN YOUR CAPACITY AS PRESIDENT OF NABJ, THE JOURNALIST ASSOCIATION FOR BLACK JOURNALISTS.

  about Aaron Haynes · at 2:35

• This is the top prosecutor in Minnesota saying that the claims from DHS, the claims from ICE do not align with the evidence that they have.

  about DHS · at 4:51

• And we talked about this before, but it's worth bringing back up, this AI-manipulated image of Nakeema Valdez Levy Armstrong so here she is getting arrested on the I believe when you're going to see it you're.

  about Nakeema Valdez Levy Armstrong · at 7:13

• 60 % OF PEOPLE ARRESTED HAVE BEEN ARRESTED WITH EITHER A CRIMINAL CONVICTION OR CRIMINAL CHARGE, WHICH IS A BIG DEAL.

  about CBS News · at 9:09

• And so there is no transparency right now from the White House when it comes to the types of people that they are arresting and the other thing that the White House does repeatedly, as well as DHS,.

  about Laura Barone-Lopez · at 10:08

Who and what is mentioned in this episode?

People

• Don Lemon — Person · Primary subject (referenced defendant/journalist) · 5 mentions · first at 0:19
  Central figure in the segment about an arraignment and potential motions to dismiss under the FACE Act and First Amendment press-freedom concerns.
• Lisa Rubin — Person · Referenced expert / panelist (senior legal reporter) · 1 mention · first at 0:02
  Explains procedural posture of arraignment, why indictments aren’t dismissed immediately, and outlines potential FACE Act and First Amendment defenses.
  Once a grand jury indicts, you have to go through a formal motion process unless and until the U.S.
• Ken Delaney — Person · Referenced expert / panelist (intelligence reporter) · 2 mentions · first at 0:01
  Provides analysis on DHS/ICE court claims and a broader pattern of alleged misrepresentation and prosecutorial dismissals.
• Aaron Haynes — Person · Referenced expert / panelist (political contributor; speaking as NABJ president) · 2 mentions · first at 0:12
  Frames the Don Lemon case as a press-freedom issue and articulates NABJ’s stance on defending journalists from criminalization for newsgathering.
• James Sample — Person · Referenced expert / panelist (law professor) · 2 mentions · first at 0:14
  Provides legal analysis of FACE Act elements (force/threat/restraint) and emphasizes First Amendment concerns and fact-intensive motion practice.
  An editor at large for the 19th and MSNOW political contributor Aaron Haynes and Hofstra University law professor James Sample.
• Laura Barone-Lopez — Person · Referenced expert / panelist (White House reporter) · 3 mentions · first at 0:06
  Discusses White House/DHS messaging and transparency around arrests/detentions and the framing of undocumented immigrants as criminals.
• Nakeema Valdez Levy Armstrong — Person · Referenced individual (example in DHS/White House narrative manipulation) · 2 mentions · first at 7:16
  Used as a concrete example of alleged government narrative-shaping via an AI-manipulated arrest image circulated by the White House.

Companies & orgs

• DHS — Company · Government agency · 2 mentions · first at 4:53
  Discussed in the context of law enforcement actions and allegations of misrepresentation in court
• ICE — Company · Government agency · 2 mentions · first at 4:55
  Mentioned alongside DHS in discussions about law enforcement actions and court cases
  This is the top prosecutor in Minnesota saying that the claims from DHS, the claims from ICE do not align with the evidence that they have.
• National Association of Black Journalists — Company · Professional organization · 4 mentions
  Represented by Aaron Haynes in defending press freedom and journalists' rights
  And so, Aaron, on that subject, I'm going to use you in I THINK YOU'RE IN YOUR CAPACITY AS PRESIDENT OF NABJ, THE JOURNALIST ASSOCIATION FOR BLACK JOURNALISTS.
• Syracuse University — Company · Academic institution · 1 mention · first at 9:54
  Mentioned in the context of data analysis related to immigration enforcement
  70 % OR SO BASED ON analysis from the latest government data run by Syracuse University, run by other trackers.

Concepts & topics

• Freedom of Access to Clinic Entrances Act — Concept · Legal framework · 1 mention · first at 1:11
  Central to the discussion about the charges against Don Lemon and the legal arguments for dismissal
  On which he can do it, including First Amendment grounds, but also the facial insufficiency of the charges under what's called the Freedom of Access to Clinic Entrances Act or the FACE Act.
• Trump administration — Concept · Political context · 1 mention · first at 5:20
  Discussed as a backdrop for patterns of misrepresentation and legal overreach by government agencies
  The New York Times has documented a number of different occasions where particularly ICE officers have used force and they've made representations that have been fallen apart in court.

Media & podcasts

• CBS News — Media · News organization · 1 mention · first at 9:05
  Cited for analysis regarding arrests and detainments under the current administration

Full transcript with timestamps

0:01 intelligence reporter Ken Delaney and MSNOW senior legal reporter Lisa Rubin, MSNOW White House reporter Laura Barone-Lopez with some new reporting about DHS. An editor at large for the 19th and MSNOW political contributor Aaron Haynes and Hofstra University law professor James Sample. Let's start with Don Lemon. Lisa, Don, today inside of the courthouse he's being arraigned. He's expected to enter a not guilty plea. Yes and beyond his not guilty plea Katie I think one of the other things we're looking to see whether it happens or not is whether his defense team previews what kinds of motions he intends to bring in the lead up to trial specifically what kinds of motions to dismiss the indictment I got a question this morning from a colleague of ours saying, could the judge throw out the indictment against Don Lemon today?

0:48 And they said, that's not how it works. Once a grand jury indicts, you have to go through a formal motion process unless and until the U.S. Attorney's Office decides they want to withdraw the complaint against Don Lemon, something I don't see happening, Don Lemon is going to have to move to dismiss those charges. And there are a bunch of bases on which he can do it, including First Amendment grounds, but also the facial insufficiency of the charges under what's called the Freedom of Access to Clinic Entrances Act or the FACE Act.

1:14 That's a bill that was principally designed to protect reproductive health clinics, but also applies to the protection of religious worship. Don Lemon has grounds to argue that he did not, in fact, violate the FACE Act or conspired to violate the FACE Act, in part because it requires either a violent act or a threat of a violent Act. And where that might be true for certain of the defendants here, it doesn't appear to be true of Don Lemon, Katie. All right, James, your take. Exactly the same as what Lisa said. I mean, I think from a motion standpoint, certainly there's a lot I THINK IT IS A LOT OF GROUND TO ARGUE THAT THE ACT DOESN'T APPLY TO THE ACTIONS THAT WERE UNDERTAKEN HERE.

1:54 BUT THAT'S GOING TO BE A FACTUAL INQUIRY. DOES THIS AMOUNT TO IMPEDING? IS THIS A THREAT OF FORCE, IS THIS THE USE OF FORCE? IS THIS A PHYSICAL RESTRAINT? IT DOESN'T SEEM FROM THE VIDEO THAT WE'VE SEEN LIKE THOSE CRITERIA, ANY OF THOSE CRITERIA APPLY. THAT BEING SAID, THOSE ARE LARGELY FACT-BASED QUESTIONS and that's going to require the presentation of some evidence. So that's not a fast track to getting rid of this case. The faster track in a motion to dismiss, I think, is the First Amendment and the idea that just because a journalist was present at a protest.

2:25 The idea of then stretching the covering of that protest into a criminal prosecution is a significant, significant step. Yeah. And so, Aaron, on that subject, I'm going to use you in I THINK YOU'RE IN YOUR CAPACITY AS PRESIDENT OF NABJ, THE JOURNALIST ASSOCIATION FOR BLACK JOURNALISTS. WHAT IS THE REAL CRUX, THE REAL PROBLEM, THE REAL ISSUE HERE FOR JOURNALISTS, IF DON LEMON'S ARREST AND HIS ARRAIGNMENT OR CHARGES, IF THIS GOES TO COURT AND HE IS CASE THAT IS A LITTLE BIT OF THE FACE ACT, OF VIOLATING IT. YEAH. ABSOLUTELY.

3:00 I MEAN, LOOK, THIS CASE AGAINST DON LEMON IN GEORGIA FORT RAISES REALLY SERIOUS CONCERNS about press freedom. Don and Georgia have both continued to correctly assert that they were president's journalists, live streaming and documenting events. You've got video that appears to support that. Again, the First Amendment protects journalists' right to do just

3:30 but also about the public's right to know, which is at risk if they are not able to do their jobs without this kind of interference. So, you know, from the National Association of Black Journalists' perspective, our responsibility is to defend TO DEFEND JOURNALISTS AND TO DEFEND PRESS FREEDOM. THIS IS NOT JUST ABOUT DEFENDING DON AND GEORGE'S RIGHT TO DO THAT, IT'S ABOUT DEFENDING THE ABILITY OF ALL JOURNALISTS TO REPORT WITHOUT FEAR OF BEING CRIMINALIZED. LET'S TALK ABOUT THE other aspect of this news out of Minneapolis today, and that's what the government claims versus what the government can actually prove.

4:02 And we have another example of that today. I mean, we have the obvious example of the government saying Alex Preddy was a domestic terrorist who was brandishing his weapon and was there to kill law enforcement. That's contradicted by the video evidence that we've all seen. But then there's this other case, and this was murkier because the administration DHS had said that in shooting one man after, by the way, Alex Preddy, they shot a man in the leg, survived it. They said they shot him because there were two other agitators or one of them was an agitator along with another agitator who were there trying to stop them from making an arrest.

4:39 They had a broom, they had a shovel and they were trying to attack law enforcement. As I mentioned a moment ago, Ken, that blew up in court today. And this is not, you know, the judge saying this doesn't line up with the evidence. This is the top prosecutor in Minnesota saying that the claims from DHS, the claims from ICE do not align with the evidence that they have. How often does this sort of thing happen? Well, you know, look, it's not unprecedented. Police sometimes overstate what happens, especially when they use force.

5:11 They don't always tell the truth. And there is precedent for sometimes prosecutors take their word for it, then they do some investigating and realize it doesn't add up, we're dismissing the case. The issue here is this is a trend in the Trump administration. This has happened on multiple occasions. It happened in an incident in Chicago and elsewhere. The New York Times has documented a number of different occasions where particularly ICE officers have used force and they've made representations that have been fallen apart in court.

5:38 And in this case, not even THEY FELL APART AT THE U.S. ATTORNEY'S OFFICE, BY THE WAY, WHICH HAS BEEN DECIMATED AND HAS A THIRD OF THE NUMBER OF PROSECUTORS IT HAD A FEW WEEKS AGO AND IS HAVING TO BRING IN MILITARY PROSECUTORS TO STAFF IT UP. SO THIS IS THE LATEST BLACK EYE FOR THEM AND FOR ICE. IT REALLY RAISES QUESTIONS ABOUT ANY REPRESENTATION THAT DHS AND ICE IS MAKING IN COURT AROUND THE COUNTRY, YOU KNOW, WHEN SOMETHING THIS BLATANT HAPPENS, THEY SAY IT WAS ONE THING, THEY CHARGE SOMEBODY WITH A CRIME, AND THEN THE PROSECUTOR HAS TO SWOOP IN AND SAY, NO, IN FACT, WE'RE DISMISSING THIS CASE WITH PREJUDICE.

6:13 CAN'T BE BROUGHT AGAIN, KATIE. THERE'S NOT JUST THAT. I MEAN, THERE'S JUDGES THAT ARE REJECTING THE attempts by this administration to continue to detain people. You've done some analysis. Yeah, Fallon Gallagher and I did some analysis last month where over the course of just one week, we found that in 60 of 61 cases where judges in the same federal court in Minnesota were asked to pass on the legality of detention. 60 out of 61 times, Katie, they said either that detention was unlawful because the person never got a hearing or there was no warrant or that the people had to be released and they had to be released in a time certain.

6:49 So you are seeing that happen all over the country, but But especially in Minnesota, we were stunned to find that happened in all but one instance in a single week's time last month. It is amazing. The broader issue, and Ken got to this, is that it's a pattern. It's a pattern of of misrepresentation or just violating court orders or violating proper procedure. There's also, and I'll put this up on the screen, and we talked about this before, but it's worth bringing back up, this AI-manipulated image of Nakeema Valdez Levy Armstrong so here she is getting arrested on the I believe when you're going to see it you're on the left side is the real picture of her getting arrested and on the right side is the manipulated image that the White HOUSE PUT OUT OF HER GETTING ARRESTED.

7:35 THIS IS A WHITE HOUSE THAT IS MANIPULATING IMAGES AND BY THE WAY NOT DISCLOSING THAT THEY'RE MANIPULATING IMAGES, THE ONLY REASON WE KNOW THIS IS MANIPULATED IS because DHS initially put out the other image first, which calls into question what else they might be doing that we can't detect. Absolutely. And to Ken's point, it's narrative-first law enforcement. To Lisa's point and the example that you can see, literally see on your screen. The euphemism is narrative-based law enforcement. The plain English is the government is lying to courts and to the American IT'S NOT JUST ACTIVIST JUDGES WHO ARE STANDING UP TO THIS AROUND THE COUNTRY.

8:18 IN FACT, LAST WEEK, A GEORGE W. BUSH APPOINTEE IN OF ALL PLACES WEST VIRGINIA WROTE THIS about an individual who'd been detained without a bond hearing, wrote this was a contractor, quote, who pays his taxes, who without explanation, without hearing, without notice, or without any means of challenging that detention, is seeking release. These are judges from across the ideological spectrum dating back to judges appointed by Ronald Reagan who are saying enough is enough with this notion of you're a domestic terrorist until we are affirmatively confronted with evidence that you're not.

8:57 Yeah, it's a messaging thing. And Laura, let's talk about that a little bit I KNOW YOU'VE GOT REPORTING ABOUT COREY LEWANDOWSKI AT DHS, BUT BEFORE WE GET TO THAT, I'LL JUST BRING UP THOSE CBS NEWS NUMBERS REGARDING WHO'S BEEN ARRESTED. 60 % OF PEOPLE ARRESTED HAVE BEEN ARRESTED WITH EITHER A CRIMINAL CONVICTION OR CRIMINAL CHARGE, WHICH IS A BIG DEAL. BUT THE SMALL, IT'S THE MAJORITY OF THEM ARE NOT VIOLENT. THEY'RE NOT VIOLENT. WHY IS THE WHITE HOUSE DECIDING TO NOT MESSAGE ON WE WANT TO get people who are criminals out of the country?

9:27 Why are they instead focusing on these people are going to kill you, they're going to murder you, they're going to rape you. They're gang members. Why not be transparent about who they are arresting and WHY? WELL, BECAUSE THE NUMBERS, DESPITE THE FACT THAT, YES, 60 % ACCORDING TO THAT CBS ANALYSIS ARE, YOU KNOW, HAVE SOME KIND OF CRIMINAL HISTORY. 70 % OR SO BASED ON analysis from the latest government data run by Syracuse University, run by other trackers. 70 % of those detained do not have a criminal history. So arrest doesn't always equal detainment, doesn't always equal deportations, some people who are arrested or ultimately released.

10:08 And so there is no transparency right now from the White House when it comes to the types of people that they are arresting and the other thing that the White House does repeatedly, as well as DHS, is that they call undocumented immigrants criminals. They have made very clear that they deem all undocumented immigrants, even if they've overstayed a visa or if they THEY ARE NOT A FELONY. THEY ARE AT SOME POINT CROSS THE BORDER ILLEGALLY CRIMINALS. THAT DOESN'T MEAN ALL OF If you talk to immigration lawyers and other legal experts, if someone overstays their visa, that is not a felony.

10:42 That's a civil violation. So these are not necessarily crimes or these people who are undocumented have not necessarily committed a crime. These are all handled through civil immigration enforcement. But this administration paints all of them with that brush, Katie. It's good to separate out detainments versus his arrest. Those are two different things. Laura, by the way, and I want to mention this, we are watching the courtroom and we've just found out that Don Lemon has, and this is expected, has pleaded not guilty to both counts against him.

11:15 We'll keep you updated as we get a little bit more information.

Questions about this episode

Who speaks in "BREAKING: Don Lemon pleads not guilty in MN church protest case"?

Aaron Haynes (Guest), Ken Delaney (Guest), Katie (Guest), Lisa Rubin (Guest), James Sample, Laura Barone-Lopez (Guest).

What is "BREAKING: Don Lemon pleads not guilty in MN church protest case" about?

Don Lemon has entered a not guilty plea in a Minnesota church protest case, with expectations that his defense team will outline potential motions to dismiss the charges. Legal experts believe that Lemon may argue that he did not violate the Freedom of Access to Clinic Entrances Act, which would require evidence of violent acts or threats, conditions they suggest may not apply to his situation.

What is mentioned in this MS NOW episode?

14 people, works and ideas are mentioned, including Don Lemon, Freedom of Access to Clinic Entrances Act, DHS, Lisa Rubin, Ken Delaney, Aaron Haynes. Each one on this page links to its own page with every episode that mentions it.

How long is "BREAKING: Don Lemon pleads not guilty in MN church protest case"?

The episode runs 12 min; the transcript is about 2,025 words in 20 timestamped sections.

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