Don Lemon indictment takes surprising turn as judge orders grand jury records: Why it matters

Journalist Don Lemon’s indictment case has taken an unexpected turn after a federal judge in Minnesota ordered the Justice Department to provide a wide array of grand jury materials to the court in a bid to examine if there exists enough ground to toss the case against the journalist.

Minnesota Federal Judge Laura Provinzino issued a two-page extraordinary order asking the Department of Justice to provide grand jury materials from Lemon’s case, including presentations of prosecutors and case agents, and the communication record between prosecutors and grand jurors.

She issued the order on August 18 and gave until Tuesday to produce the record after the defendants’ legal team insisted on irregularities in the grand jury that resulted in the indictment of Don Lemon and his fellow journalists.

The judge said that she ordered the grand jury material to weigh if the grounds may exist to toss the case on the basis of something that happened before the grand jury.

Don Lemon and other journalists were taken into custody following their coverage of an anti-immigration enforcement protest that disrupted a service at a Minnesota church. They were charged with violating the FACE Act and conspiracy to violate someone’s constitutional rights.

Lemon, a former CNN anchor, has pleaded not guilty to both charges.

Experts warn that the judge’s decision is a sign of growing skepticism among judiciary over Justice Department behaviour behind closed doors.

Former Massachusetts District Court judge and federal prosecutor, Mark Wolf, said: “For good reasons, the Department of Justice’s reputation with judges generally has been injured.”