Federal Judge Laura Provinzino of the U.S. District Court in Minnesota issued a two‑page order on August 18 demanding that the Justice Department provide a broad set of grand jury records related to the indictment of former CNN anchor Don Lemon and co‑defendant Georgia Fort. The judge asked for presentations made by prosecutors, any legal instructions given to jurors, witness testimony, closing arguments and the communications between prosecutors and the grand jury.
Background of the case
Lemon was indicted after a grand jury found him and several others liable for conspiring to violate constitutional rights and for violating the FACE Act, which protects the free exercise of religion. The charges stem from an incident in January when Lemon appeared alongside protestors who disrupted a church service in St. Paul, Minnesota. Lemon has pleaded not guilty and his legal team has repeatedly requested access to the grand jury materials, arguing that “substantial evidence of grand‑jury irregularities” exists.
Judicial scrutiny of DOJ practices
Judge Provinzino’s request reflects a growing trend among federal judges to scrutinize the Justice Department’s grand jury procedures. Courts in Wyoming, Illinois and Virginia have recently dismissed charges or rebuked prosecutors for alleged misconduct, including improper communication with jurors and the use of “vouching” – where prosecutors rely on their personal reputation rather than evidence.
Legal analyst Mark Wolf, a former Massachusetts district judge and federal prosecutor, noted that it is rare for defense attorneys to obtain grand jury transcripts in federal cases, and even rarer for judges to grant such motions. He emphasized that a “high bar” must be met to show a defect in the grand jury process.
Potential impact
If Judge Provinzino finds sufficient grounds, the indictment against Lemon could be dismissed. The move also adds pressure on the Justice Department to adhere to established grand jury protocols, a concern echoed by prosecutors and defense attorneys nationwide.
Justice Department officials responded that training on grand jury ethics is provided to prosecutors and that any identified issues are addressed promptly. They reiterated that the department will prosecute cases “without fear or favor,” regardless of political affiliation.
Original reporting: KRDO (Colorado Springs metro) — read the source article.
