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The Increasing Use of Criminal Prosecutions to Suppress Dissent

The right to free speech and peaceful dissent is a cornerstone of American democracy, yet the Trump administration has launched an unprecedented assault on these fundamental freedoms. In just the past few weeks, we have seen alarming attempts to criminalize political opposition and silence voices of dissent. From “border czar” Tom Homan’s threats against Representative Alexandria Ocasio-Cortez to the illegal detention of Columbia University graduate student and lawful permanent resident Mahmoud Khalil, we can see that the Trump administration is continuing to take cues from the authoritarian playbook. These attacks are not just isolated incidents–they’re part of a broader effort to derail democracy, quell dissent, and destroy his opponents.

But these recent moves to criminalize speech should not be surprising, as the bedrock of Trump’s recent presidential campaign was revenge and retribution. During his first term, Trump pressured the Department of Justice to investigate his perceived enemies. And since 2022, when Trump began campaigning for his second term, Trump issued more than 100 threats to investigate, prosecute, jail, or punish anyone who disagrees with him.

Trump’s appetite for revenge is boundless, and he will use his power to reshape or completely disregard the law, weaponizing it against those who disagree with him.  The president’s agenda is clear: protect his powerful loyalists from being held accountable, punish perceived political opponents, and make an example of them to intimidate others into silent complicity.

Below are some of the most recent accounts of the administration weaponizing the legal system to intimidate its critics and quell freedom of speech, followed by talking points.

Trump is using the federal government to criminalize viewpoints he doesn’t agree with in various ways:

Trump is using the threat of criminal prosecution to target advocacy, activism, and protest
  • The FBI, under the Trump administration, is moving to criminalize major climate organizations that received grants from the Environmental Protection Agency (EPA) during the Biden era. Citibank disclosed in a court filing that it was instructed by the FBI to freeze these groups’ bank accounts due to alleged “possible criminal violations,” including “conspiracy to defraud the United States.”
  • A Sheriff in Tompkins County, New York is being investigated by the Department of Justice after he released an undocumented man from jail after he served his sentence. ICE wanted the Sheriff to hold the man beyond his release date so that he could be arrested and deported. The Sheriff didn’t comply with ICE and instead acted consistently with state and local policy. He is now being threatened with prosecution for failing to cooperate with ICE.
  • In February 2025, Representative Alexandria Ocasio-Cortez held a “Know Your Rights” webinar aimed at educating her constituents about their rights when dealing with federal immigration enforcement. Trump’s so-called “border czar” then took to the media suggesting that by educating her constituents about their constitutional rights, AOC was acting illegally and that he was initiating an investigation with the Department of Justice.
Trump is using the threat of criminal law to go after his political foes
  • Interim U.S. attorney Ed Martin announced “Operation Whirlwind,” an initiative to prosecute threats against public officials. But these so-called “threats” aren’t what the law actually considers threats, they are just criticism of Trump and his administration. So far, he has targeted critics of Donald Trump, Elon Musk, the Department of Government Efficiency (DOGE), and Supreme Court Justices. Exhibiting highly unusual conduct, Martin has sent “letters of inquiry” to democratic lawmakers, including Rep. Robert Garcia (D-California) and Senate Minority Leader Chuck Schumer (D-New York). Martin is also targeting Ukraine whistleblower Rep. Vindman (D-Virginia). Martin is requesting clarification on Vindman’s personal financial disclosures, but the investigation is likely fueled by the Representative’s involvement in Trump’s first impeachment.
  • On March 16, 2025, Trump posted on social media, claiming that the pardons President Biden granted to Trump’s perceived political foes were invalid because they were signed with an autopen. No president has ever undone his predecessor’s pardons, and by doing so Trump is signaling that his previously pardoned enemies may not escape his wrath.
Trump is deporting people with differing viewpoints
  • On March 8, federal immigration officers wrongfully detained Columbia graduate student Mahmoud Khalil,  who had been a key activist during the campus’ Gaza solidarity encampment. Despite his legal permanent resident status and the lack of any charges against him, Khalil remains in custody and faces deportation.
  • Despite having a valid work visa and a judge’s order blocking her removal from the U.S., Brown University medical professor Rasha Alawieh was deported to Lebanon because she had photos and videos on her phone of a Hezbollah leader.
  • Last week, the Trump administration also detained Badar Khan Suri, a Georgetown University postdoctoral fellow from India on a student visa, alleging his presence threatens U.S. foreign policy due to his and his wife’s support for Palestinian rights.

Talking Points

  • Since he’s arrived in office, Trump has been focused on weaponizing government and lying to intimidate and silence public servants. Trump and his bandwagon are creating a false illusion of power to create a chilling effect on speech.
  • Let’s not mince words: Trump and his bandwagon are bullies. Their threats are intimidation tactics designed to silence any critics and chill free speech.
  • Democracy depends on our ability to speak freely, report the truth, and challenge those in power. The Trump administration’s multi-faceted attack on freedom of speech poses a grave threat to these principles. We have a duty to push back against these authoritarian tactics, protect the rights of all Americans, and ensure that our democracy remains strong.
  • We will exercise our freedom of speech to peacefully protest in the streets, but we know that our fight will also be in the courts.
  • We call on [insert local/state lawmaking body] to fund lawyers who will defend our rights in court. That includes first amendment lawyers and criminal defense attorneys who can speak truth to power and defend our fundamental rights and freedoms.
  • We stand united in defending free speech, press freedom, and the right to dissent.
  • The weaponization of the legal system is textbook retaliation and discrimination against those who don’t share the Trump administration’s viewpoints and opinions. Their playbook is to incite fear so people comply in advance and censor their speech.
  • These dangerous political stunts will have consequences. Though their investigations have faulty legal bases, the First Amendment is clear: the Trump administration cannot target people because of their views.
    • President Trump should already know his actions are illegal. During his first term, a federal court ruled that he could not block people from his Twitter account simply because of their views.
    • We have a First Amendment right to petition our government. That includes protest, advocacy, and activism. We have a right to speak our minds. We cannot be silenced, and we certainly cannot be jailed for doing it.
    • If our Constitution doesn’t allow the president to block people on Twitter simply based on their views, it most certainly won’t allow the president to take away their liberty.
  • We will fight tooth and nail to ensure that Trump and his cronies do not take away our freedom of speech.
  • We will not cower under the threat of criminal prosecutions. Trump can do his best to bend the law in his favor, but he will lose in court.  
  • Under the First Amendment, the president can’t punish or retaliate against people for their beliefs or political views. That applies to everyone: politicians and preachers, citizens and non-citizens.
  • Trump’s retribution campaign is hurting the economy. Americans are considering leaving the country more than ever. Those who can leave are wealthier Americans, and if they do, it would have a disproportionate effect on state and local taxes.

Resources

  • Protect Democracy: Protect Democracy is dedicated to preventing the United States from descending into authoritarianism by defending free and fair elections, upholding the rule of law, and fostering fact-based political debate. Their impact includes securing a $148 million defamation verdict against Rudy Giuliani, contributing to bipartisan Electoral Count Act reforms in 2022, and developing election monitoring tools that protect voter records across multiple states.
  • FIRE: Foundation for Individual Rights and Expressions: The Foundation for Individual Rights and Expression (FIRE) is dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought. FIRE educates the public on the importance of their First Amendment rights and provides legal support with a focus on faculty and students at college and university campuses nationwide.