Don Lemon, other independent journalists seek to have St. Paul church protest case dismissed

(FOX 9) - Attorneys for former CNN journalist Don Lemon will argue Monday for a judge to dismiss the federal case against him over an anti-ICE protest at a St. Paul church last winter.

Lemon in court

What we know:

Hearings are scheduled throughout the day for Lemon's attorneys and those representing other independent journalists charged in connection with the Cities Church protest earlier this year.

Lemon is seeking to have the case dismissed on multiple grounds, including violations of his First Amendment rights and vindictive prosecution.

Big picture view:

Along with Lemon, attorneys for his photographer Michael Beute, his assistant Jerome Richardson, independent journalist Georgia Fort and independent photojournalist Shane Bollman are slated to make arguments.

The five are among 39 defendants charged in the Cities Church case.

Lemon argues that applying the FACE Act – a law that prohibits the use of force to prevent people from exercising First Amendment rights at a place of worship – to his actions as a journalist would violate his First Amendment rights.

His attorneys argue he never used force or threats in the church and merely attempted to cover the protest as a journalist – including interviewing the church's pastor during the disruption.

Lemon is also arguing that the government fails to state how he violated the KKK Act – the other law he's accused of violating. The KKK Act prohibits people from conspiring to "injure, oppress, threaten, or intimidate any person" to prevent them from exercising their constitutional rights.

Government's response

The other side:

Prosecutors argue that by having knowledge of the protesters' plans and keeping them secret, Lemon and the other journalists became part of the operation. Officials argue that their reasons for being at the protest do not excuse him if he violated the law.

Prosecutors also reference part of Lemon's own livestream where they say he seems to question whether he is legally allowed to enter the church – but then entered moments later anyway.

Prosecutors also argue they don't need to prove that Lemon made a "true" threat, because the indictment alleges violations of the FACE Act through intimidation and obstruction.

Church protest

The backstory:

Lemon was present when protesters disrupted a service at Cities Church in St. Paul in January. Lemon maintains he was only covering the protest for his YouTube channel and was not involved in the demonstration or its planning.

Protesters targeted the church because one of its pastors, David Easterwood, is also the field office director for ICE in St. Paul.

Dig deeper:

The protest was organized by the Racial Justice Network, led by activist Nekima Levy Armstrong, who was among the first three people arrested by federal authorities in the case.

The Source: Court documents and previous FOX 9 reporting.