In seeking a judge’s order, the government was drawing attention to the former president’s longstanding habit of attacking those involved in criminal cases against him.
The federal prosecutors overseeing the indictment of former President Donald J. Trump on charges of seeking to overturn the 2020 election asked a judge on Friday night to impose a protective order over the discovery evidence in the case, citing a threatening message that Mr. Trump had posted on social media.
By mentioning the incendiary post in an otherwise routine request seeking to keep Mr. Trump from making evidence public, the prosecutors in the office of the special counsel, Jack Smith, were drawing the attention of the judge, Tanya S. Chutkan, to Mr. Trump’s longstanding habit of attacking those involved in criminal cases against him.
Hours later, Mr. Trump’s campaign responded with a statement calling the post “the definition of political speech.” The statement suggested that the post had not been directed at anyone involved in the election interference case, saying it was meant for Mr. Trump’s political adversaries.
The exchange of words began on Friday evening when Mr. Trump posted a message on Truth Social, his social media platform, issuing a vague but strongly worded threat.
“IF YOU GO AFTER ME, I’M COMING AFTER YOU!” he wrote.
Shortly after, in a standard move early in a criminal prosecution, the government filed its request for a protective order in the case to Judge Chutkan. Prosecutors noted that protections over discovery were “particularly important” in this instance because Mr. Trump “has previously issued public statements on social media regarding witnesses, judges, attorneys and others associated with legal matters pending against him.”
To prove their point, they included a screenshot of the former president’s threatening post from that same evening.
A short time after the government’s filing, Mr. Trump’s campaign issued a statement with no aide’s name attached, insisting he was practicing his First Amendment rights.
“The Truth post cited is the definition of political speech,” the statement said, adding that it was in response to “dishonest special interest groups” and political committees attacking him.
That Mr. Trump is a political candidate exercising free speech is going to be an element of his defense in the latest case against him. Mr. Trump’s campaign on Friday also posted on X, the site formerly known as Twitter, a 60-second ad describing the prosecutors who have considered cases against him as the “fraud squad” acting on behalf of President Biden. (It includes the New York attorney general, Letitia James, who has brought a civil action case.)
The ad is one of Mr. Trump’s most aggressive denigrations of the prosecutors, whom he has consistently denounced. He has also promised that if elected, he would appoint a “real” special prosecutor to investigate Mr. Biden and his family, proposing to eliminate the post-Watergate norm of Justice Department independence.
But the Truth Social post was more direct than his past comments, in a case where a key aspect of the indictment describes how Mr. Trump’s repeated and false public claims that he was a victim of widespread election fraud led to the violent attack by a pro-Trump mob at the Capitol on Jan. 6, 2021.
Judge Chutkan, who was randomly assigned the case when the indictment was filed on Tuesday, has not yet responded to the government’s request. But other judges in cases involving Mr. Trump have warned him about using threatening language.
At a court hearing in Manhattan in April, Justice Juan M. Merchan, who is overseeing Mr. Trump’s state prosecution on charges stemming from a hush payment to a porn actress, warned the former president to refrain from making comments that were “likely to incite violence or civil unrest.”
Justice Merchan’s admonition came after Mr. Trump posted on Truth Social saying that “death and destruction” could follow if he were charged in the case in Manhattan.
That same month, Judge Lewis A. Kaplan, who was presiding over a federal rape and defamation lawsuit filed by the writer E. Jean Carroll against Mr. Trump, criticized the former president for posting messages about the case. The ones he had already written were “entirely inappropriate,” the judge said.
Mr. Trump had derided the case on social media as a “scam” and personally mocked Ms. Carroll.
The former president has often ignored such warnings and continued to post threatening or spiteful messages with impunity.
After the hearing in front of Justice Merchan, Mr. Trump returned to Florida and to his customary practice, calling the district attorney who brought the New York charges against him, Alvin L. Bragg, a “criminal,” and Justice Merchan “a Trump-hating judge with a Trump-hating wife and family.”
Days after Judge Kaplan’s admonition, Mr. Trump attacked him, too, saying on a trip to one of his golf courses in Ireland that the judge was “extremely hostile.”
Source: Elections - nytimes.com
