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Well from what I understand, the feds requested arrest warrants as to 3 or 4 individuals (including Lemon) and the arrests were approved as to everyone except Lemon. This suggests that there really is some kind of weakness in the case against Lemon.
Do you happen to know what exactly the evidence against him? I've searched for it online but haven't found anything.
I expect him to claim that he was there doing journalism, and as such not a part of the group disrupting things; a 1A vs 1A battle!
The truth of that claim will probably be more important than balancing the right to worship with the right to journalist, but I expect that is the issue.
AFAIK there are relatively few "journalism"-specific 1A protections, in part because journalism is a bit nebulous around the edges. There is a bit of a tradition of police leaving journalists alone, but a "press" vest doesn't actually impart specific legal protections against, say, lawful disperse orders. If there were, we'd have to decide who qualified: "yes officer, I'm just here because I might blog about it in the next month."
Religion is also a bit nebulously defined, but a church is a pretty central example and there is a long tradition of special protections there.
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If you wait for a few days, the indictment listing the actual charges and evidence should be posted somewhere on RECAP.
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His livestream?!
What are we even doing man...
What exactly did he do?
Edit: By the way, I think it's pretty likely that he helped plan and organize the disruption and/or actively participated. I'm just wondering what the evidence is.
The entire livestream is still up on his personal YouTube channel (the action is all in the first hour or so). He travels with the group from the staging area to the church. It is clear from how he covers the lead-up that he is in on the plot.
I'm not sure how they'll get him specifically on the FACE Act charges, but he does seem to be part of the conspiracy, and that's what they need for the KKK Act charges.
I donno. Maybe how prostitution isn't illegal if you film it, because it's now pornography, maybe Don Lemon is going with some "It's not a civil rights violation if you film it, then it's news!" defense. Although, first, that seems questionable given how much he participates and second, the people who filmed the Arbery murder are still serving life sentences just for being there, so what's good for the goose is good for the gander.
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