A codefendant charged alongside former CNN host Don Lemon in a federal case stemming from an anti-Immigration and Customs Enforcement protest inside a Minnesota church is asking a judge to dismiss his charges.

Ian Davis Austin, one of nine defendants charged over a January disruption at St. Paul’s Cities Church, filed a motion on Friday seeking dismissal of the conspiracy and Freedom of Access to Clinic Entrances Act counts as applied to him, arguing the indictment criminalizes expressive protest activity rather than unlawful conduct.