Lemon’s Defense and the Government’s Position
Abbe Lowell, Lemon’s attorney, said his client was arrested in Los Angeles while covering the Grammy Awards and vowed to fight the charges.
Lowell stated: “Don has been a journalist for 30 years, and his constitutionally protected work in Minneapolis was no different than what he has always done.”
But federal officials counter that once Lemon entered the church with demonstrators and acted in unison with them during the service interruption, he ceased being a neutral observer. According to Justice Department officials, the First Amendment does not shield conduct that impedes others’ constitutional rights.
Justice Department leaders have emphasized that the prosecution is not about speech or viewpoint—but about conduct inside a protected religious setting.
Evidence, Records, and What Can Be Proven
Based on publicly available information, prosecutors are expected to rely on:
- Video and audio recordings showing Lemon entering the church with demonstrators and remaining during the disruption.
- Lemon’s own public statements and videos, in which he describes his actions and acknowledges active engagement with those involved.
- Law-enforcement reports and charging documents outlining the coordination between demonstrators and Lemon during the incident.
- Witness statements from church members, clergy, and law-enforcement personnel present during the service.
If introduced at trial, Lemon’s assertion that he was “doing journalism” while inside the church could be used to establish knowledge, intent, and participation—key elements of the charged offenses.
