"I don't think so at all, Erica! I think this case is doomed to fail on one or both of two bases. First of all, as Whitney said, we learned in court today that Don and his team are going to challenge this on First Amendment grounds, meaning he was functioning as a journalist to the events, not a participant in the events. And it is not a crime to cover a crime."
"And then I think he's going to argue eventually that this is a vindictive prosecution. It's no secret how the president feels about, Donald Trump, in fact, about Don Lemon. In fact, when Don Lemon was arrested, the White House posted a victorious social media post where they made a pun on Don's name and put up an image of chains."
The Department of Justice prosecution of Don Lemon is likely to fail on First Amendment grounds and as a vindictive prosecution. The defense will argue that Lemon was functioning as a journalist covering events, not as a participant, and that it is not a crime to cover criminal activity. The defense will also point to evidence of political animus, including a White House social media post celebrating the arrest with a pun on Lemon's name and an image of chains, to support a vindictiveness claim. Prosecutors may face both legal and constitutional obstacles in sustaining the charges.
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