DHS has journalist Don Lemon’s phone, arraignment reveals

updated: Don Lemon confronts judge who rejected previous Justice Department indictment

Don Lemon emerged from federal court Friday and said the day’s proceedings were a bigger event than a calendar entry in a criminal docket. The gay black man, a former CNN anchor turned independent journalist, thanked supporters gathered near the courthouse entrance and said the case was “not just about me,” described the First Amendment as “the foundation of our democracy,” vowed to fight what he called the baseless accusations and said he would not be intimidated.

Stay up to date on LGBTQ+ news and politics. Sign up for The Advocate’s email newsletter.

Inside the courtroom, Lemmon’s lawyer revealed a detail that added poignancy to his words. It was revealed that the Department of Homeland Security was in possession of Lemon’s cell phone. Defense attorneys told the judge that the events at issue were limited in time and that they were working to prevent the government from accessing information unrelated to the case, such as materials journalists keep on their devices to protect sources and do their jobs.

related: Pam Bondi furious after judge declines to indict Don Lemon over Minnesota church reporting

related: Don Lemon at HRC Dinner: “When the First Amendment becomes an optional clause, democracy becomes empty.”

related: White House celebrates Don Lemon’s arrest with meme as press freedom groups and Democrats rage

The controversy is no coincidence. In modern reporting, the phone is more of an archive than a tool. Years of notes, source lists, drafts, and communications that often have nothing to do with a single mission. Mr. Lemon’s lawyers argued that unrestricted access risks exposing confidential sources and irrelevant reporting, effectively turning the criminal case into a backdoor investigation into the journalist’s professional life. This concern is as old as press privilege and as new as cloud backup. If a source believes their communications could get caught up in an investigation, they are less likely to speak out at all.

Journalist Don Lemon leaves with his defense team after an arraignment hearing at the Warren E. Berger Federal Building and Federal Courthouse in St. Paul, Minnesota, February 13, 2026. Steven Maturen/Getty Images

Lemon’s comments outside court turned legal anxiety into civil anxiety. With her attorney and her husband, Tim Malone, by her side, Lemon said she has worked under the protection of the First Amendment for more than 30 years and suggested that pressure applied through the legal process could suppress reporting long before a verdict is reached. “The process is the punishment,” he warned.

The lawsuit is based on complaints by the Trump Justice Department over Lemon’s coverage of indoor protests. Minnesota church last month. Demonstrators disrupted the service after learning that one of St. Paul’s pastors was acting director of ICE’s field office. Lemon interviewed protesters, members of the congregation and pastors and livestreamed portions of the scene.

The prosecution’s path is unusually roundabout. Before the grand jury returned an indictment, the judges did not give the government’s initial proceeding a green light, forcing prosecutors to change course and seek charges through a different route. The incident also affected another journalist, Georgia Fort, who leads the local National Association of Black Journalists chapter. Her arrest raised concerns among people News outlets have noted that the line between documenting protests and being accused of participating in them has become dangerously blurred.