The Dictatorship
Here’s how the judiciary needs to respond to Don Lemon’s arrest
ByAustin Sarat
Former BLN anchor Don Lemon was arrested and charged on Thursday with violating a federal law after being present during an anti-Immigration and Customs Enforcement (ICE) protest at a church in St. Paul, Minnesota. Since his departure from BLN in 2023, Lemon has worked independently, doing reporting and commentary on his own YouTube channel and on Substack.
Lemon and others are accused of disrupting a service at Cities Church that was being conducted by an ICE official who serves as a pastor there. Attorney General Pam Bondi described what happened as a “coordinated attack” on the church.
As she explained“Our nation was settled and founded by people fleeing religious persecution. Religious freedom is the bedrock of this country. We will protect our pastors. We will protect our churches. We will protect Americans of faith.”
In this case, the Trump administration is weaponizing its commitment to protecting religious liberty to go after Lemon and the others. The administration can dress it up any way they like. But Lemon is being targeted because he has been a long-time and vociferous critic of President Trump.

Rather than being part of the protest, Lemon was livestreaming the protests on social media. Targeting him is a signal to other journalists that they, too, may find themselves in hot water for covering and amplifying what the administration is doing in Minneapolis and other places.
Judges need to see through the ruse and stand up for press freedom at a time when the administration’s hostility to the press is reaching new heights. As Seth Stern, director of advocacy for the Freedom of the Press Foundation, put it“Lemon’s arrest under a bogus legal theory is a clear warning shot aimed at other journalists. The unmistakable message is that journalists must tread cautiously because the government is looking for any way to target them.”
Lemon is not the only journalist who has run afoul of the administration while covering protests against ICE. In 2025, 32 journalists were detained or arrestedtwenty-eight of them were at immigration-related protests.
As the U.S. Press Freedom Tracker notes“Protests have long been where the fault lines of press freedom are most visible, and 2025 was no different.” The journalists who “were pulled from news scenes, placed in cuffs and held in custody from minutes to days — long enough for deadlines to pass and breaking news to go cold…”
The Trump administration is weaponizing its commitment to protecting religious liberty to go after Lemon and the others.
In Lemon’s case, a federal magistrate judge, Douglas Micko, on Jan. 22 refused to issue arrest warrants that the government sought. Trump’s Department of Justice had tried to convince him that the warrants were necessary to allow it to respond to a “national security emergency.”
As the district court’s chief judge, Patrick Schiltz explained in a letter to the Eighth Circuit Court of Appeals, there was “no evidence” that Mr. Lemon or his producer had engaged “in any criminal behavior or conspired to do so.” The Eighth Circuit was persuaded and declined to overrule Micko’s decision.
But note, these judicial decisions did not prevent the Trump administration from arresting Lemon. Moreover, they focused more on the deficiencies in the government’s case than on providing a ringing endorsement of press freedom.
Indeed, with few exceptions, legal protections of the press are not robust.
Most cases in which courts have stood up for a free press focus either on government efforts to stop newspapers from publishing material already in their possession or punish them for material they have published.

For example, in 1964, the United States Supreme Court ruled that public figures could not win libel suits against newspapers for things they published unless they could prove “actual malice,” meaning it was published “with knowledge that it was false or with reckless disregard of whether it was false or not.”
Seven years later, the Court allowed The New York Times and the Washington Post to publish the so-called Pentagon Papers, which detailed a troubling pattern of government secrecy and deception during the Vietnam War. In that case, Justice Hugo Black wrote a stirring defense of press freedom.
“In the First Amendment,“ he observed, “The founding fathers gave the Free Press the protection it must have to fulfill its essential role in our democracy… the government’s power to censor the press was abolished so that the press could revert would remain forever free to censure the government.”
But all that meant for Black and the majority of his colleagues was that the First Amendment forbids “prior restraint.” The decision offered no protection for reporters, nor their sources.
They remain unprotected except through state shield laws. In 2005, the United States Court of Appeals for the District of Columbia made clear that the Constitution did not allow a reporter to keep the identity of an informant who leaked classified information secret. It denied that the law provided a reporter/source privilege.
The court said it could not “Seriously [entertain] the notion that the First Amendment protects a news mans agreement to conceal the criminal conduct of his source, or evidence thereof, on the theory that it is better to write about a crime than to do something about it.”
With few exceptions, legal protections of the press are not robust.
Law professors Ronnell Jones and Sonja West are right to say that “Journalists themselves have few constitutional rights when it comes to matters such as access to government sources and documents or protection from being hounded by those in power for the news gathering and reporting.” That means that they are “vulnerable to the whims of society and government officials.”
Don Lemon learned that lesson when federal authorities showed up at his door.
To keep the press free in the face of authoritarian threats, the courts must do more to protect journalists. They need to interpret the First Amendment to allow reporters to keep sources confidential, and to prohibit governmental actions that needlessly prevent journalists from carrying out their responsibilities.
They need to bolster Justice Black’s belief in the virtues of a free press by limiting the occasions on which reporters can be subject to criminal prosecution for their work.
What Thomas Jefferson said in 1787 seems especially apt today. “The basis of our government,” he wrote“being the opinion of the people, the very first object should be to keep that right; and were it left to me to decide whether we should have a government without newspapers or newspapers without a government, I should not hesitate a moment to prefer the latter.”
Only by protecting people like Don Lemon can we preserve the kind of press Jefferson envisioned and Justice Black praised.
Austin Sarat
Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College. The views expressed here do not represent Amherst College.
The Dictatorship
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The Dictatorship
‘It’s fantastic’: Trump tells MS NOW he’s seen celebrations after Iran strikes
President Donald Trump called the celebrations in the streets of Iran “fantastic” following the killing of the country’s supreme leaderAyatollah Ali Khamenei, during a brief phone call with MS NOW on Saturday night.
Trump told MS NOW that he’s seen the celebrations in Iran and in parts of America, after joint U.S.-Israel airstrikes killed Khamenei.
“I think it’s fantastic,” the president said of the celebrations. “I’ve seen them in Los Angeles, also — celebrations.”
“I’ve seen them in Los Angeles, celebrations, celebrations,” Trump said, accentuating the point.
The interview took place roughly 11 hours before the Pentagon announced the first U.S.military casualties of the war. U.S. Central Command said three American service members were killed in action, and five others had been seriously wounded.

Revelry broke out in Iran, the United States and across the globe on Saturday, with Iranians cheering the death of Khamenei, who led Iran with an iron fist for more than 30 years, cracking down on dissent at home and maintaining a hostile posture with the U.S. and Israel.
Asked how he was feeling after the strike on Khamenei, whose death was confirmed just a few hours earlier, Trump said it was a positive development for the United States.
“I think it was a great thing for our country,” he said.
The call — which lasted less than a minute — came after a marathon day, which began in the wee hours of the morning with strikes on Iran and continued with retaliatory ballistic missiles from Tehran targeting Israel and countries in the Middle East region that host U.S. military bases.
The day ended with few answers from the White House to increasing questions about the long-term future of Iran, how long the U.S. will continue operations there, and the metastasizing ramifications it could have on the world stage. In fact, the president has done little to convince the public to back his Iran operation, nor to explain why the country is at war without the authorization of Congress.
On perhaps the most consequential day of his second term, Trump did not give a formal address to the public, nor did he hold a press conference. Instead, he stayed out of public view at Mar-a-Lago, his private club and residence in Palm Beach, Florida, where he attended a $1 million-per-plate fundraising dinner on Saturday evening.
But throughout the day, Trump took calls from reporters at various new outlets, including from MS NOW at around 11 p.m. ET.
The strikes, known formally as “Operation Epic Fury,” came after months of talks over Iran’s nuclear program, and warnings from Trump that he would strike Tehran if they did not agree to his often shifting conditions.
At 2:30 a.m. ET on Saturday, Trump posted a video to social media announcing the operation, which he said was designed to “defend the American people by eliminating imminent threats from the Iranian regime, a vicious group of very hard, terrible people.”
“The lives of courageous American heroes may be lost and we may have casualties. That often happens in war,” Trump said when he announced the strikes on Iran.
Mychael Schnell is a reporter for MS NOW.
Laura Barrón-López covers the White House for MS NOW.
The Dictatorship
Pentagon announces first American casualties in Iran
Three U.S. service members were killed and five seriously wounded as the United States and Israel launched attacks on Iran, U.S. Central Command said Sunday morning.
The three service members — the first Americans to die in the conflict — were killed in Kuwait, a U.S. official said.
Several others sustained minor injuries from shrapnel and concussions but will return to duty, the Pentagon said. The identities of the dead and wounded have not been made public.
“The situation is fluid, so out of respect for the families, we will withhold additional information, including the identities of our fallen warriors, until 24 hours after next of kin have been notified,” Central Command said in a statement.
The U.S. and Israel launched sweeping airstrikes on Iranon Saturday, killing Ayatollah Ali Khameneithe country’s supreme leader for nearly four decades. Iran has vowed retaliation and hit several U.S. military bases across the region.
According to U.S. Central Command, Iran has also attacked more than a dozen locations, including airports in Dubai, Kuwait and Iraq, and residential neighborhoods in Israel, Bahrain and Qatar.
Israel Defence Forces said Sunday that Iran fired missiles toward the neighborhood of Beit Shemesh, killing civilians. The missile hit a synagogue, killing at least nine people, according to the Associated Press.
AP reported that authorities said at least 22 people were killed and 120 others wounded when demonstrators tried to attack the U.S. Consulate in Karachi in Pakistan.
The violence came after the United States and Israel attacked Irankilling its Supreme Leader Ayatollah Ali Khamenei. Police and officials at a hospital in Karachi said that at least 50 people were also wounded in the clashes and some of them were in critical condition.
On Sunday, Israel Defence Forces said on X, “It’s official: All senior terrorist leaders of Iran’s Axis of Terror have been eliminated.”
President Donald Trump told CNBC’s Joe Kernen on Sunday that the operation in Iran is “moving along very well, very well — ahead of schedule.”
In a phone call with MS NOW late Saturday, Trump called the celebrations in the streets of Iran “fantastic” following the killing of Khamenei.
Confirming Khamenei’s death, Prime Minister Benjamin Netanyahu said Sunday: “We have eliminated the tyrant Khamenei and dozens of senior figures of the oppressive regime. Our forces are now striking at the heart of Tehran with increasing intensity, set to escalate further in the coming days.”
The exchange of hostilities comes after weeks of fragile negotiations between the U.S. and Iran over Iran’s nuclear operations.
Esmail Baghaei, a spokesperson for Iran’s foreign ministry, called the joint U.S-Israeli attack an “unprovoked, unwarranted act of aggression” in an interview with MS NOW’s Ali Velshi on Sunday. He said Iran’s nuclear program has been used a pretext for the attack.
“We have every right to defend our people because we have come under this egregious act of aggression,” Baghaei said.
Trump announced the attack early Saturday during a short video posted on his Truth Social account. He called for an end to the Iranian regime and urged Iranians to “take back the country.”
Negotiators and mediators from Oman were supposed to meet in Vienna on Monday to discuss the technical aspect of a potential nuclear deal.
Rep. Eric Swawell, D-Calif., told MS NOW’s Alex Witt on Sunday afternoon that the president’s military operation in Iran was illegal, echoing what many lawmakers have said in citing that under the U.S. Constitution only Congress can declare war.
“This is a values argument. We don’t just lob missiles into other countries when we are not provoked, attacked and have no plan for what comes next,” he said.
“We have been shown zero evidence that anything changed in Iran from last year when the president did not come to Congress and took a strike on Iran,” Swalwell said.
In June the U.S. struck three Iranian nuclear sites. Trump said the facilities had been “completely and totally obliterated.” But experts and U.S. officials said the sites were damaged but not destroyed.
Erum Salam is breaking news reporter for MS NOW, with a focus on how global events and foreign policy shape U.S. politics. She previously was a breaking news reporter for The Guardian and is a graduate of Texas A&M University and the Columbia University Graduate School of Journalism. Follow her on X, Bluesky and Instagram.
Akayla Gardner is a White House correspondent for MS NOW.
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