In the third, he claimed the government engaged in “vindictive prosecution.” “Trespass is a tort [legal injury] that goes back to the beginnings of English common law,” which predates the First Amendment, Hammer noted. Vindictive ProsecutionLemon’s third motion, the motion to dismiss for vindictive prosecution, would also involve a rather large leap, Hammer said. 🧵1/10 pic.twitter.com/aJcCzyNGx3 — Tyler O’Neil (@Tyler2ONeil) August 8, 2026‘Ludicrous’Doug Wardlow, director of litigation at True North Legal, agreed with Hammer that the vindictive-prosecution claim will likely fail. “The argument that Don Lemon has been vindictively singled out by the prosecution is ludicrous,” Wardlow told the Daily Signal.