For once, something President Donald Trump and I can agree on. The arrest was "the best thing that could have happened" to Don Lemon, the president told reporters, after calling the former CNN anchor "washed up" and a "failed host."
In fact, Mr. Lemon hosts a daily two-hour YouTube news program with 1.16 million subscribers.
Who knew?
I certainly didn't, until I read about his arrest.
Those numbers can't help but grow with all the publicity. Sounds and looks to me like he's doing pretty well, and likely to do better still in the days ahead.
It may be good for Lemon's ratings — he's since appeared on Jimmy Kimmel's show as well — but arresting journalists for covering protests is not good for the First Amendment.
"Don has been a journalist for 30 years, and his constitutionally protected work in Minneapolis was no different than what he has always done," Abbe Lowell, Lemon's powerhouse attorney, said in a statement.
"The First Amendment exists to protect journalists whose role it is to shine light on the truth and hold those in power to account."
What Lemon did in Minneapolis was to cover a protest taking place on Jan. 18 at Cities Church in St. Paul; the church was targeted by anti-ICE protestors because an ICE field officer reportedly serves as pastor of the church.
The demonstrators pumped their fists and chanted "ICE out."
Lemon was there along with other journalists. He live-streamed the event and interviewed some of the congregants.
He then left for Beverly Hills to cover the Grammys.
The feds couldn't convince a federal Magistrate Judge in Minnesota to issue a warrant for the arrest of Lemon; he approved charges against only three people, citing insufficient evidence that Lemon and others had conspired to deprive rights by interfering with someone's religious freedom in a house of worship.
The Justice Department then appealed to try to force the judge to issue arrest warrants for Lemon and four other people.
The request was denied.
So, rebuffed by judges enforcing the constitution, prosecutors went to a grand jury and convinced them to indict Lemon and another journalist.
They then denied him the courtesy (afforded to high-profile defendants like Donald Trump) to turn himself in and instead made a production of arresting him as he was about to step on an elevator at his Beverly Hills hotel post-Grammys.
There is real crime in this country.
In a 12-page indictment, federal prosecutors characterized Lemon and another independent journalist, Georgia Fort, as part of the group of protesters who were "engaged in acts of oppression, intimidation, threats, interference and physical obstruction."
The indictment specifically called out Lemon for live-streaming the incident, including a pre-operation meeting, during which he took "steps to maintain operational secrecy by reminding certain co-conspirators to not disclose the target of the operation and stepped away momentarily so his mic would not accidentally divulge certain portions of the planning session."
Prosecutors do not say that Lemon took part in the anti-ICE chants or yelling in the church. They did say that he and the other journalist charged later approached the pastor and "surrounded him" while Lemon "peppered him with questions."
He "peppered him" with questions, not with pepper spray or tear gas.
Peppering people with questions is what journalists do. It's never been more important than it is right now. This administration's determination to punish the press for doing its job comes at the worst point it could in our history.
This is precisely what Lemon himself had to say outside the courthouse in Beverly Hills after his first court appearance: "There is no more important time than right now, this very moment, for a free and independent media that shines a light on the truth and holds those in power accountable," Lemon said. "I will not stop now, I will not stop ever."
Neither, it appears, will this White House.
On Friday morning, the White House posted a photo of Lemon on its account with the caption "When life gives you lemons . . . " followed by an emoji of chains.
U.S. Atty. Gen. Pam Bondi posted her own video stating that "under President Trump's leadership and this administration, you have the right to worship freely and safely. And if I haven't been clear already, if you violate that sacred right, we are coming after you," ignoring the fact that one of Trump's first acts when he returned to office was to rescind the protections from immigration operations that houses of worship previously enjoyed.
So much for sacred rights.
Susan Estrich is a politician, professor, lawyer and writer. Her focus is on legal matters, women's concerns, national politics, and social issues. Read more Susan Estrich Insider articles — Click Here Now.