Liberal Professor Drops Legal Strategy of Don Lemon on MN Church Invasion – RedState
By now, you’ve probably heard about the arrest of former CNN executive Don Lemon – after a brief setback – following the anti-ICE (Immigration and Customs Enforcement) mob’s invasion of a Minnesota church, as RedState wrote on Friday:
…[T]A self-described “journalist” was arrested for allegedly storming a church, harassing worshipers and refusing to leave when the pastor asked him to.
My colleague Bonchie captured a wide range of wild reactions from leftists and members of the media (but I repeat myself) about the supposed death of the First Amendment as we know it, represented by Lemon’s arrest and subsequent indictment for his alleged participation. A little reminder is perhaps in order:
Initially, a magistrate judge refused to sign an arrest warrant for Lemon. An appeals court then found “probable and clear cause,” but opted to send the case back to the agenda to let the process play out further. Well, it continued and Lemon now faces federal charges. Naturally, this meant a complete collapse among left-wing politicians and “journalists”.
But people are wondering on social media and elsewhere whether Lemon and his legal representatives might have anything to do with the “journalism” argument. Liberal constitutional lawyer and author Professor Jonathan Turley appeared on Fox News’ “Will Cain” Friday night to give his views on this issue.
Referring to members of their factions as journalists has been used “repeatedly” by Antifa and other far-left radical groups to defend their actions, he said. Another term used is “observer,” Turley said, “even though they are very many participants.” He mentioned that Renee Good, the first person shot and killed by Border Patrol in Minneapolis recently, “insisted she was a lawful observer.” He said she was not acting in that capacity, but as a participant, something RedState has covered extensively.
“The courts have had to resolve this problem,” Turley said, “by looking at their conduct, not how they define themselves, but ‘what did they do?'”
He argued that this does not rule out “Lemon’s claim that he was acting as a journalist,” adding that “the courts are going to take this very seriously.” In other words, it could be very useful to him.
Judges found that argument compelling, Turley said, because they “tend to avoid hitting that tripwire” when evaluating cases.
The lawyer outlined three elements to consider in Don Lemon’s case.
- the reason for his arrest
- why there was a finding of probable cause
- and what conduct was cited in this proceeding.
Turley warned that Lemon might have a problem because “he’s expanding” the meaning of the word “journalist.”
The author said that this line is “something that is going to end up having to be litigated.” In other words, the law still needs to be clarified over time on this point.
DIVE DEEPER: Democrats’ anger at Don Lemon is performative; They have already proven that they don’t care about free speech (VIP)
Minnesota Democratic AG Keith Ellison has claimed that the law, the FACE Act, only applies to abortion clinics, but Turley says that’s not true – and goes even further to call out their hypocrisy on this issue:
This does apply to places of worship like this, and in fact when they applied it to abortion clinics – including Ellison – they adopted the broadest possible interpretation of these criminal provisions.
Let us of course leave it to the left to be totally hypocritical on this point. The question remains whether Lemon will succeed if his lawyers make this argument. Only time will tell, readers, as is often the case with laws that require further testing and legal action in general. Stay tuned!
Watch:
Editor’s Note: Democratic politicians and their radical supporters will do everything they can to interfere with and threaten ICE agents who enforce our immigration laws.
Help us hold these leftists accountable and expose their obstructionism. Join RedState and use promo code FIGHT to get 60% off your membership.
