Gregg Jarrett Explains Why Don Lemon Could Still Face Charges

Fox News legal analyst Gregg Jarrett told Fox News host Sean Hannity Thursday that Attorney General Pam Bondi has multiple options to pursue charges against former CNN host Don Lemon after he allegedly stormed a church service Sunday.

FBI agents arrested Nekima Levy Armstrong and Chauntyll Louisa Allen for their roles in storming Cities Church in St. Paul, which they allegedly targeted because a pastor at that church was an official with United States Immigration and Customs Enforcement. A magistrate denied the application for an arrest warrant against Lemon. Jarrett said Lemon’s own livestream, where he explained that Armstrong was leading a “surprise operation,” was incriminating and that Bondi could go to a “real” federal judge to get an arrest warrant. (RELATED: Don Lemon Labels Parishioners Of Church Stormed By Anti-ICE Rioters ‘Entitled White Supremacists’)

“Rejecting the charges against Don Lemon smells fishy to me. We may actually learn more about the magistrate’s motivation, bias and conflict of interest,” Jarrett told Hannity. “Legally, the magistrate would have to decide that these prosecutors did not meet the standard of probable cause. But personally disagreeing with the wisdom of or fairness of bringing the case, it’s not a valid ground for overriding the charging decisions. So, Sean, I thoroughly expect the DOJ to do one of two things. Either bypass that magistrate by going to a grand jury for an indictment against Don Lemon or go to a real district court judge, because a magistrate is really just a ministerial assistant. He handles misdemeanors and warrants and empties the trash cans.”

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“Obviously here, prosecutors felt Don Lemon was not merely an observer, recording the illegal protest inside of the church, which would be a typical journalist role,” Jarrett said. “Instead, he seemed to be a very active participant, who embedded himself with the mob, tormenting these parishioners. In fact, Lemon’s own videotape incriminates him, as he confronts the pastor with contentious questions, the same way the agitators did. And you can see and hear Lemon defending them all and taking up their cause, arguing that they are allowed to invade the church, disrupt the service, shut down worshipers, which shows a stunning ignorance of the law by Lemon.”

Assistant Attorney General for Civil Rights Harmeet Dhillon told podcaster Benny Johnson on Monday that Lemon may be subject to charges for violating the Freedom of Access to Clinic Entrances Act, despite his assertion that he was acting in a journalistic capacity. Jarrett said Lemon’s subsequent remarks to left-wing podcaster Jennifer Welch further complicated matters for the former CNN host.

“This is a protected place, off limits, everybody knows that. It is a crime to invade and obstruct and, to make matters worse, Lemon later called the congregants entitled white supremacists,” Jarrett said. “It’s not just despicable, it shows they were targeted because of their race, which only strengthens the criminal civil rights violations under the FACE Act and 247. In fact, it qualifies as a hate crime, a double hate crime, because the targets were based on race and religion.” (RELATED: Don Lemon Defends Protesters Who Stormed Minneapolis Church Service Believing Pastor Was ‘ICE-Affiliated’)

“So simply calling yourself a journalist is not a defense. Your behavior is what counts,” Jarrett said. “That is what the law examines, and Lemon’s conduct was, in my opinion, deplorable.”

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