Trump has now 'crossed the line into criminal threats': top legal scholar

David Badash
03 October 2023
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As Donald Trump's rhetoric grows increasingly menacing and threatening, experts are again sounding the alarm.

It's been weeks since Special Counsel Jack Smith asked U.S. District Judge Tanya Chutkan to impose a narrow limitation on the ex-president in the case charging him with attempting to overturn the 2020 election. It likely will be weeks until that Judge Chutkan announces a decision.

In the mean time, Trump continues to make disparaging remarks and what some have suggested are thinly-veiled threats or calls to action to his supporters against those he perceives as his enemies.

Trump recently suggested that his former Chairman of the Joint Chiefs of Staff, General Mark Milley, “in times gone by” would have been executed for treason.

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Milley's perceived "treasonous" crime, according to Trump? Making a White House approved call to China to let them know Trump wasn’t planning to attack China, as the AP reported.

Last month, Trump wrote on Truth Social that General Milley “was actually dealing with China to give them a heads up on the thinking of the President of the United States. This is an act so egregious that, in times gone by, the punishment would have been DEATH! A war between China and the United States could have been the result of this treasonous act.”

Special Counsel Jack Smith included that post in his communication with Judge Chutkan on Friday.

Monday morning, inside a Manhattan courthouse before the start of New York Attorney General Letitia James' $250 million civil fraud case, Trump unleashed an angry rant in front of news cameras, saying, "You ought to go after this attorney general.” He also called New York Supreme Court Justice Arthur Engoron a “rogue judge.”

He added, "now I have to go before a rogue judge, as a continuation of Russia, Russia, Russia, as a continuation of the greatest witch hunt of all time. And I don't think the people of this country are going to stand for it."

These were just Trump's remarks at the start of the day. He faced the cameras two other times, during the lunch break and after the day's proceedings had ended.

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Describing Trump's remarks, Vanity Fair's Bess Levin wrote: "Speaking to reporters outside the courtroom, Trump called the case a 'witch hunt' and 'a disgrace,' saying, 'You ought to go after this attorney general,' because if there’s one thing the man loves, it’s a not-so-veiled threat against his enemies."

Harvard University Professor Emeritus Laurence Tribe, a legal scholar and expert on the U.S. Constitution, on Monday warned Trump's remarks "crossed the line into criminal threats."

"Trump's 1st Amendment freedom of speech includes the right to express his racist views about anyone, including Attorney General Letitia James," Tribe wrote. "But he has no right to foment violence against her. He crossed the line into criminal threats when he said 'you ought to go after this attorney general.'"

Former Chicago Tribune editor Mark Jacob, responding to the video, writes: "When Trump says "you ought to go after this attorney general," we know what he means. Some call it stochastic terrorism, but I call it puppetmaster terrorism. He's telling his crazed followers who the targets are."

See the post and video above or at this link.

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