By Kevin D. Williamson
Monday, February 02, 2026
The simple case for arresting and prosecuting Don Lemon
for his role in the invasion of a St. Paul Church by a group of anti-ICE
protesters is, well, simple: It seems that he probably broke the law, including
a federal statute that
forbids “nonviolent physical obstruction” of worship services.
Lemon insists that he was not there to participate in the
protest action but to
cover it as a journalist. In fairness, he did not claim to be there as a good
journalist—a claim to which I would take some exception—but, in any case, that
does not matter very much: Lemon entered the church, disrupting its business,
and stayed after he was specifically asked to leave by the people in charge. We
do not license journalists in the United States—thank goodness—and acting as a
journalist does not give anyone any special license to break otherwise
applicable laws. The First Amendment gives Americans the right to publish and
speak, but it does not protect those engaged in publishing and speaking from
being prosecuted for criminal acts, including criminal acts that frequently
come up in the course of doing a reporter’s work, such as trespassing,
receiving classified documents, or making audio or video recordings in way that
might violate local laws requiring the consent of those being recorded.
Journalists, like those engaged in civil
disobedience, at times willfully break the law in the course of doing
something they think important, and, like those engaged in civil disobedience,
they must be prepared to bear the legal consequences for illegal actions.
The First Amendment protects protesters just as much as
it does journalists. If the First Amendment were a shield against trespassing
in the church, it would not matter whether Lemon were there as a protester, a
reporter, or in some other capacity. A judge or a jury may see things
differently when it comes to judging Lemon’s intent, a valid question that is
beyond our remit here.
It is worth noting that many of the same nice liberals
who are complaining about Don Lemon’s arrest were quite happy to see
anti-abortion activists convicted
of felonies for making secret recordings of Planned Parenthood officials
that embarrassed the abortion industry. They, too, were engaged in First
Amendment activity and considered themselves journalists making secret
recordings in the tradition of 60 Minutes. I do not say that they were good
journalists or good documentarians—claims to which I would take some
exception—only that the First Amendment that protects their right to publish
and to speak does not necessarily override laws against making surreptitious
recordings.
In fact, one of the laws under which Lemon is being
prosecuted was specifically enacted to make it easier to prosecute abortion
protesters, creating a federal course of action against individuals and groups
whose First Amendment activities go over the line and run up against what would
otherwise be local trespassing cases at most. I do not think that this is a
good law, for the same reason I do not think “shield laws” protecting
journalists from being prosecuted for certain crimes are good laws: I believe
in the American principle of equality before the law and therefore think it
both wrong and unwise to create special protected classes of people and
institutions. A country with a properly functioning criminal justice system
would not need special laws that make murder or assault an extra-special,
super-duper crime when the victim is a policeman—the laws that protect
civilians must be good enough for the lawmen charged with protecting civilians,
or else we are laying (as we have) the foundations for a caste system. Special
protections for journalists—meaning, inevitably, government-recognized journalists—would
be a step in the same direction.
The FACE Act—that is, the Freedom of Access to Clinic
Entrances Act, another imbecilic congressional acronym—was celebrated by many
of our progressive friends when it was being used
by the Justice Department during the Biden administration to discourage
abortion protests that were in the main a good deal less rambunctious than what
we have seen in Minneapolis and elsewhere of late, just as many progressives
cheered actions
to censor anti-abortion speech in the form of graphic
depictions of what the procedure actually does.
It is obvious that the FACE Act was meant to discourage
anti-abortion protest per se, and not only trespassing or physical
interference. Some linked the FACE Act to ordinary political speech, such as
those embarrassing Planned Parenthood videos. Then-Sen. Dianne Feinstein, for
example, expressly
linked “aggressive tactics” such as “illegal filming” to the kind of thing
the FACE Act was meant to prohibit and discourage. Feinstein also justified
prosecuting the documentarians on the grounds that they had “longstanding ties
to the anti-choice movement, including Operation Rescue, which is closely
associated with clinic violence.” She argued that such speech, if unpoliced,
would result in “the message being sent is that it is okay to commit crimes
against Planned Parenthood, its employees, and its patients,” which is, of
course, exactly what some of Donald Trump’s apologists say about anti-ICE
protests: that the political speech should be suppressed because it could be
understood as justifying violence or other criminal acts.
Lemon is also charged under a federal statute prohibiting
“conspiracy against rights,” a post-Civil War measure that was
targeted at the Ku Klux Klan and its terrorist campaign against the
political and economic rights of African Americans. The statute is very broad,
and prosecutors may be able to make a case that Lemon violated the letter of
the law—but it is probably not a very good law. One of the sillier things I
covered as a journalist was Lincoln University’s lawsuit against the neighbors
of the Barnes Foundation in Lower Merion, Pennsylvania, under the “Klan Act,”
the civil-recourse
version of the statute here in question. The episode involved residents of
an upscale, liberal, largely Jewish neighborhood who complained that the art
institution (which Lincoln controlled) was creating parking and traffic
problems for the residential community in which it was located. These anti-Klan
laws may have made sense in the 19th century, but it is probably
time to revise or repeal them.
And therein lies a lesson: Every time someone argues for
creating some broad new power for the government—regulatory, criminal,
defense-related, whatever—I want to tell them: Remember that the other side is
going to win elections from time to time. The FACE Act seemed great when its
advocates expected that Bill Clinton was going to represent the rightwardmost
bound of presidential action. Democrats should always keep in mind that the
American people are more than capable of putting such a man as Donald Trump in
the White House, just as Republicans should keep in mind that the American
people are more than capable of entrusting power to the likes of Barack Obama,
Joe Biden, or Zohran Mamdani. Every time there is a change of administration,
you are handing the other party a toolbox—you might want to think about whether
you want to put a loaded gun in there.
Lemon will complain that the Trump administration is
being vindictive because he is a critic, and, of course, he will be correct
about that—after all, it was Trump himself who declared
to his partisans: “I am your retribution.” Lemon will complain that the case
against him is political (it is), extraordinary (it is), an example of
selective prosecution (it is), a matter of bias (it is), etc.—but none of that
means that he did not break the law. It is not a very good law. But, then, many
of our drug laws are not very good laws, our immigration laws are not very good
overall, our business regulations are, in many cases, positively terrible laws,
etc.—and yet we expect, for good reason, that the laws will be enforced. Good
citizenship demands that we forgo treating Lemon with the same gentle
consideration that he and his comrades have extended to abortion protesters,
that we give him the same First Amendment considerations that he would give to
anti-abortion documentarians or right-wing provocateurs making secret videos or
to a figure such as James O’Keefe or to a media entrepreneur more closely
resembling Don Lemon, such as Tucker Carlson—it is always gratifying to beat an
opponent with his own stick and hoist with his own petard, but the times we are
in ask more of us.
If we want orderly government, the way to achieve it is
not to forgo law enforcement when enforcing the law is inconvenient—the way
there is to rid ourselves of agents of chaos, from minor irritants in the
private sector, such as Don Lemon, to major malefactors in the public sector,
such as the men and women prosecuting Don Lemon. We need better laws, and we
also need better people to enforce them.
And Furthermore
History is very short, if you think about it: For
example, it took only 127 days for the Trump administration to go from
extrajudicial killings of non-U.S. citizens in the Caribbean to extrajudicial
killings of U.S. citizens in Minneapolis. Some slopes really are very slippery.
Don’t you dare compare him to Hitler, the
president’s apologists say. Trump’s wife (one of his wives) did claim
that he kept a book of Adolf Hitler’s speeches at his bedside for inspirational
reading, but—no, not Hitler. There are many ways to be awful short of being
Adolf Hitler—and Hitler would have succeeded in taking Greenland. Don’t you
dare call him a fascist, they say. Fair enough—fascism is infamously hard
to define, but it is a school of political thought with some organization to
it, whereas Trump’s political thought is not thought at all, nor is it
organized—it is what Lionel Trilling once called conservatism: a series of
“irritable mental gestures which seek to resemble ideas.” I have a similar
thought when people accuse Trump of being a racist: He is a dumb bigot, to be
sure, but racism implies a perverted sense of loyalty, in this case to a
race, and loyalty to anything is entirely alien to Trump’s character. Unless
you count his sense of humor, Trump is a man without virtues.
Fascism is a rotten way of looking at the world, but it
implies some intellectual discipline. If, on the other hand, you have ever
heard Billy
Bob Thornton talk about his dyslexia, then you will have an idea of what it
must be like to be Donald Trump listening to a policy briefing and wondering
when it is his turn to talk. Thus spake Billy Bob:
I’m as dumb as a bag of hair,
[and] I grew up with severe anxiety disorder, which I still have. And I have
severe obsessive-compulsive disorder. And I also was severely dyslexic. But for
some reason, I’ve always been able to memorize things instantly. It’s like I’m
dumb as hell on every other aspect of life. But I can see things—it’s almost
like a savant thing. I can look at a monologue ... and I see two or three
chunks. I don’t read left to right slowly like most people do. I look at
something and I go, “Oh, okay. It says that.” It’s almost like some kind of
weird science fiction movie where it goes into my head. ... I’ll tell you where
I do have a problem is if there’s a scene that’s nine pages long and there’s
seven or eight people in it, and I’ve got one line every other page. I sit
there and start thinking about other shit. God, you can’t help it with my
mental issues. But it’s really harder for me when I don’t have as much
dialogue.
Fascist? Not in the classical sense, though his economic
ideas are fascism-adjacent and his love of thuggery is fascist-aligned.
But there are many interesting lines on Donald Trump’s
résumé: pampered and self-aggrandizing real-estate heir, spectacular failure in
the casino business, spectacular
failure in the hotel business, sycophant
of Arab princelings, sycophant
of Russian oligarchs, enemy of
the First Amendment, man accused of rape by his wife (by one of his wives,
she later
recanted the claim), man found
legally liable in a court of law for sexual abuse, man who has a whole
Wikipedia page dedicated to sexual abuse allegations about him,
social-media addict, enemy of the Second Amendment,
game-show host, deadbeat,
Putin suck-up, Xi suck-up, convicted felon, tie-taper,
make-up enthusiast, Broadway showtune enthusiast with an especial regard for
the big show-stopper from Cats, enemy of the Fourth
Amendment, bit player in pornographic films, golf
cheat, heretic,
grandson of a German whoremonger
and Yukon horse-meat vendor, pal
of Jeffrey Epstein, fraudster,
swindler,
Enemy of the Fourteenth Amendment, serial bankrupt, serial adulterer, serial
divorcee, serial liar, desultory coup d’état leader, draft-dodging
coward, precisely
the kind of creep who probably shouldn’t own a beauty pageant business,
Hillary Clinton donor,
Kamala Harris donor.
It is a little weird to think about what a man on the
edge of 80 might be when he grows up, but if Trump ever grows up, a fascist is
what he will grow up to be. That said, I agree it is unfair to call him a
fascist today for the same reason it would be unfair to ask my dachshund to
write a commentary on Aristotle.
Economics for English Majors
I wrote
last week about the folly of capping credit-card interest rates. Interest
rates are a price, and when you artificially lower prices, what you get isn’t
low prices—it is rationing.
Donald Trump, who once crowned
himself the “king of debt,” wants credit card interest rates capped at 10
percent. He has urged the industry to adopt that cap voluntarily—which is not
going to happen—but also has suggested to Congress that it should impose such a
cap through law. The effect of doing this would not be to save Americans money
on interest payments. The effect would be to deprive many Americans of access
to ordinary consumer credit, beginning with those who have lower incomes and
lower credit scores.
Trump, of all people, is well
positioned to understand how this works in the real world. During his time as
an incompetent real estate developer, Trump made almost as many appearances in
bankruptcy proceedings as he did on Page Six. Trump is a known deadbeat and a
bad credit risk. When you are a bad credit risk, you pay higher interest rates
and get credit on generally worse terms. And then, at some point, you simply
cannot get credit at all, at least through ordinary channels. Toward the end of
his run in real estate, Trump found it practically impossible to get loans from
any of the major lenders with which he had been associated—often to those
banks’ regret—over the years. Trump is, at the moment, legally prohibited
from taking out commercial loans from banks in the state of New York after
having been found by a court to have engaged in financial fraud.
But most borrowers are not as
outlandish in their behavior—or as wealthy—as Donald Trump. Ordinary borrowers
see their credit ratings dinged from time to time over things like unpaid bills
or late payments, too much debt relative to their incomes or savings—all the
familiar stuff. Interest rates charged to consumers take into account credit
risk—the banks’ chances of not getting paid back or of having to spend money
and time recovering money owed—but also things such as opportunity cost (Why
lend anybody money at 3 percent when you could just park those assets in an
index fund and expect to make more money?) and, of course, the ultimate arbiter
of interest rates: the market. People with poor credit scores or low incomes
pay higher interest rates in part for reasons having to do with risk but also
because there is a lot more competition to lend money to multimillionaires with
840 credit scores. The old bankers’ proverb holds true: You don’t want to lend
money to people who need it—it is far better to lend to people who don’t need
the money.
Not every problem is an economic problem with an economic
solution. When we have division, convulsing debates over wars or abortion or
education, “Let markets work!” is not usually the answer to the questions at
hand, even though many of those concerns have economic concerns wrapped up in
them. (If you think education is only about ensuring that businesses have
workers and that young Americans can get good jobs, then you have a crude idea
of what education is and is for.) But sometimes, “Let markets work!” is exactly
the right answer. When Americans are unhappy about the price of
something—gasoline, houses, college tuition—it is never the case that the
problem is the price per se: The problem is always something else that
the price is trying to tell us about.
Listen to prices!
Words About Words
Headline: “A
Traitor’s Worst Enemy Is Themself.” That and grammar, apparently.
Themselves would be ungrammatical, but what the heck is a themself? As
often is the case, the homepage headline and the article headline are slightly
different. It may be that the homepage copy is generated by a particularly
illiterate AI. But, then, artificial intelligence is no match for organic
stupidity.
A rhetorical tic exemplified in Slate: “It’s
Time to Face the Big Question About Trump That No One Wants to Ask.” The
question is whether Trump is “losing it”—i.e., the big question pretty
much literally everyone wants to ask. Pretending that “no one wants to ask” a
question or that “no one wants to talk about” an issue is a way for a writer,
or his headline writer, to give him an unearned glow of courage or to add a
synthetic flavor of originality to bland commentary. It is similar to the
politician who boasts of his courage in “standing up to” this or that
supposedly powerful group that everybody in his coalition detests and despises,
making “standing up to” that group profitable and popular rather than an act of
courage.
From Uncrate, a shopping site, a blown chance to use tetradecagon
in writing
about a new Zenith watch: “Its octagonal stainless steel case measures 37mm
and is topped by a 14-sided bezel.” I mean, that opportunity doesn’t come up
all that much. (If you read the entry, you’ll also see that they wrote “allied”
when they meant “applied.”) Nifty-looking watch, with a tetradecagonal bezel, bezel
from the French biseau and the Old French besel, meaning a sloped
edge or chamfer, related to bevel. And do you know who knows the proper
names for a great many of the polyhedra? Dungeons
& Dragons dorks, that’s who.
From the New
York Times: “On social media, Mr. Macron’s sunglasses were seen as a
political statement, projecting a tough image in the face of Mr. Trump’s
threats to impose tariffs on French wine and champagne and to annex Greenland.”
Champagne is wine. Writing “wine and champagne” is like writing “cheese
and cheddar.”
You all can, I think, imagine what my poor wife has to
put up with. When the waiter, insipidly trying to cultivate a little cheap
familiarity, asks: “Have we decided?” I have to stop myself (and don’t always
succeed) from asking: “Are we f—ing plural?”
Speaking of “you all,” that Texan contraction is “y’all,”
not “ya’ll.” And, of course, the super-plural form is “all y’all.”
In Closing
Donald Trump wants
you to believe that Alex Pretti was an “insurrectionist” and an “agitator,”
agitator being the dumb man’s word for “protester of whom I do not approve.”
Never mind the irony—though “irony” seems too mild a word—of Donald Trump
complaining about insurrectionists after giving a
blanket pardon to the most significant group of insurrectionists in recent
American history.
Let’s pretend we’re stupid and take Trump at his word:
Even if Pretti was an insurrectionist, do you know what we do with
insurrectionists? We do not shoot them while they are unarmed and presenting no
serious immediate danger to anybody. We arrest them, charge them under the
relevant law, and put them on trial. I do not think that Donald Trump, of all
Americans, should want to legitimize the precedent of just shooting
insurrectionists.
Pretti seems to have been a big ol’ rage-monkey, which is
no surprise: If you have ever been to protests of the kind we’re seeing in
Minneapolis, then you may have noticed that they neither attract the happiest
and most well-adjusted sort of people, nor do they bring out the best in the
people they attract. (Do you know who else should know that? Donald Trump and
every boot-licking sycophant in his orbit and employ.) I do not know whether
Pretti was a bad man. It does not matter. Murdering a bad man is still murder,
whatever the moral illiterates on your favorite social-media app have to say
about it. Murdering a good man is not extra-special, super-duper murder—it
is just murder. As a wise man once said, “Murders stay murder.”
Donald Trump once got nicked by a bullet—and he did not
seem to enjoy the experience. We do not shoot people for being shmucks, a fact
for which Donald Trump should be profoundly grateful.