Legal Expert Predicts Low Chances of Conviction for Don Lemon

Alan Dershowitz, a Harvard Law School professor emeritus, indicated on Newsmax this past Friday that a conviction in Don Lemon’s criminal case seems improbable.

Lemon was taken into custody by federal agents in Los Angeles on Thursday evening, and a judge ordered him released without bail the following day. In an appearance on “On the Record with Greta Van Susteren,” Dershowitz stated that the First Amendment offers extensive protections for journalists, even amidst volatile protest situations, asserting that prosecutors will need more than just video footage to achieve a guilty verdict.

Dershowitz expressed to host Greta Van Susteren: “This is complicated, but I think it won’t lead to a conviction for Don Lemon.”

He mentioned that prosecutors will have a challenging task in proving any criminal liability. Although certain actions could potentially undermine journalists’ First Amendment protections, he argued that the existing evidence doesn’t indicate that Lemon went beyond the legal boundaries.

“That might breach journalistic ethics, but if he did, there’s a significant distinction between ethical violations,” Dershowitz noted. “We can’t say for sure if that was the case, but if it were proven beyond a reasonable doubt that he was a co-conspirator or accessory to illegal actions.”

Dershowitz reiterated that the case is fraught with intricate legal and historical complexities.

“This is indeed a tough case, even for the protesters involved. Remember, Rev. Martin Luther King, Jr. protested in a church and was prepared for the consequences. He spent time in Birmingham Jail and wrote one of the most profound letters ever penned by a president,” he said. “These individuals aren’t quite like Dr. King, so in a way, they’re somewhat analogous to those who opposed desegregation in the South during the 1960s.”

Lemon faces two charges from federal prosecutors, including conspiracy to infringe upon constitutional rights and violating the Freedom of Access to Clinic Entrances (FACE) Act, as cited in an unsealed grand jury indictment referenced by CNN. The FACE Act prevents using force, intimidation, or physical obstruction to intentionally disrupt someone’s First Amendment rights.

Lemon stated he was acting as a journalist while covering the January 18 attack on Cities Church in St. Paul by anti-ICE protesters and later shared footage of the events on his YouTube channel. He arrived about 40 minutes into a livestream and was initially unaware that the church was the group’s target, though early commentary suggested the protesters were aware of their destination.