2WAY Tonight with Mark Halperin

Don Lemon Avoids Arrest After Judge Blocks Trump Admin From Charging Him for Anti-ICE Church Protest

Jan 23, 2026
Guests Joe Cunningham, a former Democratic Congressman, and Garrett Graves, a former Republican Congressman, engage in a riveting discussion about the Jack Smith hearing and the implications of prosecutorial power. They debate the legality of ICE's actions, touching on immigration and civil liberties. Robbie Swabies adds depth by questioning protest tactics in relation to First Amendment rights, particularly in light of the recent Don Lemon church incident, which connects press freedom to civil disobedience and accountability.
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INSIGHT

Prosecutor's Claim Of Neutrality

  • Jack Smith defended prosecutorial independence and said decisions were based on facts and law, not politics.
  • He insisted no one is above the law and he would prosecute again on the same evidence.
INSIGHT

Phone Records Spark Lasting Scrutiny

  • Garrett Graves highlighted controversy over subpoenaing phone records of the Speaker without disclosure and an NDA order.
  • He predicted continued scrutiny and said that crossed a line.
INSIGHT

Enforcement Needs Local Cooperation

  • The vice president argued ICE can enforce immigration laws with administrative orders and needs state and local cooperation.
  • Guests warned that enforcement without cooperation fuels chaos and constitutional concerns.
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