"It was always going to be the case that Abbe Lowell was going to challenge the process by which his client, Don Lemon, got charged for filming a protest in a pro-ICE Southern Baptist Church in Minnesota. After all, before DOJ charged Lemon, two different judges - Magistrate Judge Douglas Micko and Chief MN Judge Patrick Schiltz - concluded there was no probable cause to charge Lemon."
"As another co-defendant already did, Lowell would point out how the indictment fails to lay out evidence that Lemon committed either of the crimes with which he has been charged. He might point out that Douglass Mackey's successful appeal of his prosecution on one of the same charges, 18 USC 241, reiterated that the charge cannot be brought without proof that someone participated in a conspiracy."
Abbe Lowell is expected to challenge the process that produced charges against Don Lemon for filming a protest in a pro-ICE Southern Baptist Church in Minnesota. Two judges previously concluded there was no probable cause to charge Lemon and criticized DOJ's emergency treatment of the case. Lowell is likely to seek grand jury transcripts to determine how prosecutors obtained an indictment and will file multiple challenges alleging the indictment fails to allege evidence of the crimes charged. Precedent from Douglass Mackey's appeal and claims that Lemon was not part of any planning support these arguments. The DOJ refused to let Lemon self-report and refused to speak with Lowell.
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