Attorneys for former CNN host turned independent argued in a court filing Wednesday that recent examples of grand jury misconduct by the U.S. Department of Justice across the country warrant the release of transcripts from the normally secretive proceedings in his case.
Lemon pleaded not guilty in February to , following a where an Immigration and Customs Enforcement official is a pastor. He is one of 39 people charged in the January incident.
Lemon insists he was at the Cities Church in St. Paul to chronicle the Jan. 18 protest but was not a participant.
Lemon and another independent journalist, Georgia Fort, filed a motion in February seeking transcripts of the grand jury proceedings that resulted in the indictments against them and seven others.
In the latest filing in U.S. District Court in Minneapolis, Lemon’s attorneys argue that 鈥渢he past 15 months have seen an unprecedented and growing distrust in the Justice Department鈥檚 use of the grand jury process.鈥� For that reason, the transcripts from Lemon’s grand jury should be released, his attorneys said.
鈥淚n the past two weeks alone, several courts have chastised Justice Department prosecutors for irregularities in the grand jury process and gone so far as to dismiss indictments for grand jury misconduct,鈥� Lemon’s attorneys said in the Wednesday filing.
A spokesperson for the Justice Department did not immediately respond to a request for comment.
Lemon cites the of all pending charges against four remaining who protested outside a federal building during last year鈥檚 . The dismissal came after a judge scrutinized allegations of grand jury misconduct by the prosecutor鈥檚 office.
Lemon also cites the of nine felony grand jury indictments by three federal judges in Wyoming. The judges cited misconduct by the interim U.S. attorney that could have prejudiced the jurors, including comments he made to the grand jurors.
Lemon cites a third case out of Rhode Island where a federal judge blocked the for confidential transgender patient information from the state’s largest hospital that provides gender-affirming care to minors.
In that case, the judge rebuked actions by prosecutors, saying the Justice Department can no longer be trusted to enforce its power fairly and honestly.
Finally, Lemon鈥檚 attorneys referenced the denial of search warrants sought by the Justice Department related to Lemon鈥檚 YouTube channel and YouTube account and cellphone information related to four other defendants. The magistrate judge held that the government did not establish probable cause to believe that evidence of a crime would be found in what the Justice Department wanted to search.
The search warrants were rejected in February, but the court record was unsealed on Tuesday.
Several judges 鈥� including the for Minnesota 鈥� found no probable cause to support the complaints that prosecutors first tried to file against the two journalists, so they refused to sign arrest warrants for Lemon or Fort before the government turned to the grand jury.
Lemon’s attorneys argue they should be allowed to see the grand jury records because of the 鈥渃heckered history of this case鈥� and 鈥渘umerous examples of grand jury misconduct by DOJ around the country.鈥�
Lemon is 鈥渆ntitled to see whether the government allowed the grand jury to serve its role or whether, as elsewhere, the government interfered with the proper function of the grand jury,鈥� his attorneys argued.
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