Trump campaign defends threatening social media posts as free speech

The Trump campaign responded on Saturday to that a recent social media post from former President Trump threatens witnesses in his criminal cases, arguing that it is protected speech.

“IF YOU GO AFTER ME, I’M COMING AFTER YOU!” Trump wrote on Truth Social on Friday.

The comments incited both criticism from the public and concerns from Justice Department (DOJ) prosecutors. Still, the campaign defended the post as free speech.

“The Truth post cited is the definition of political speech, and was in response to the RINO, China-loving, dishonest special interest groups and Super PACs, like the ones funded by the Koch brothers and the Club for No Growth,” a campaign spokesperson said overnight Saturday.

The social media remark was mentioned in DOJ special counsel Jack Smith’s request for a strict protective order in his election fraud case late Friday, arguing that Trump could disclose information to the public that is important to the case.

“Such a restriction is particularly important in this case because the defendant has previously issued public statements on social media regarding witnesses, judges, attorneys, and others associated with legal matters pending against him,” prosecutors wrote in the filing.

“If the defendant were to begin issuing public posts using details — or, for example, grand jury transcripts — obtained in discovery here, it could have a harmful chilling effect on witnesses or adversely affect the fair administration of justice in this case,” they added.

If a judge agrees, the order would prevent Trump and his legal team from sharing most public details about what evidence is given to the defense in the discovery portion of the case.

New York prosecutors asked for a similar order in April in the criminal case related to allegations that he falsified business documents and made a hush money payment to an adult film actress.

His social media post also raised concerns that it could be considered witness intimidation, including by former White House press secretary Stephanie Grisham, who served under the former president.

“I think it’s chilling,” Grisham said Friday in an interview on CNN, referring to the post. “Legally it doesn’t seem like it’s very smart, but how is that not intimidation? What other people are going to take a message from that?” 

Trump was arraigned Thursday on four federal charges alleging that he attempted to overturn the results of the 2020 election.

He faces a second federal case based in Florida, alleging that he mishandled classified documents at his Mar-a-Lago club after leaving the White House.