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'If You Go After Me, I'm Coming After You': Threats Against Prosecutors, Witnesses and Gen. Milley (2023)

While under federal indictment and running for president, Trump publicly threatened those pursuing him and suggested the country's top general deserved execution. A federal appeals court found his pattern of speech a significant and imminent threat to the trial and upheld most of a gag order. In his second term, the Defense Department stripped Milley of his security detail.

Record summary

Grade

Grade 1 of 5: Significant Democratic Concern

International crime

No international crime alleged

Actions that weaken democratic institutions, suppress political participation, or restrict fundamental freedoms without reaching the threshold of a rights violation attributable to a specific victim class. Scale and definitions

Status
Concluded
Incident date
Record updated
Location
Washington, D.C.
Category
Rule of Law
Legal posture
Judicial finding
ICC relevance
No
Sources
7 cited
Stable ID
threats-against-prosecutors-and-milley-2023
Legal basis
18 U.S.C. §§ 1512–1513 (witness tampering and retaliation, as the magistrate judge warned); the D.C. Circuit's December 8, 2023 decision upholding most of the gag order; ICCPR Article 14(1)
Posture note
Judicial finding. The D.C. Circuit held that Trump's documented pattern of speech posed 'a significant and imminent threat to the functioning of the criminal trial process' and upheld most of the gag order, while exempting comments about the special counsel himself. No charge was brought over the posts themselves.
Victims
Special counsel prosecutors, witnesses and court staff in United States v. Trump (D.D.C.); Gen. Mark Milley and his family
Alleged responsible parties
  • Donald Trump, Defendant in United States v. Trump (D.D.C.); author of the posts— Trump 2024 campaign

Key points

  • August 4, 2023, the day after Trump's arraignment: 'IF YOU GO AFTER ME, I'M COMING AFTER YOU!' Prosecutors attached a screenshot of the post, 'posted just hours ago,' to their filing on the protective-order request (CNN).
  • At the arraignment, the magistrate judge had reminded Trump that 'it is a crime to try to influence a juror, or to threaten or attempt to bribe a witness … or to retaliate against anyone for providing information about your case' (CNN).
  • September 22, 2023, on Gen. Mark Milley's calls to Chinese counterparts after the 2020 election: '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' (CNBC; CBS News).
  • Milley said: 'I'll take appropriate measures to ensure my safety and the safety of my family' (CBS News).
  • On September 29, 2023, prosecutors told Judge Tanya Chutkan that Trump was waging 'a sustained campaign of prejudicial public statements regarding witnesses, the Court, the District, and prosecutors,' citing the Milley post (NBC News).
  • December 8, 2023: the D.C. Circuit (Millett, Pillard, Garcia) largely upheld the gag order. CNN reported that the court noted the 'If you go after me' post as a broadly threatening message and said Trump's 'messaging [was] daggered at likely witnesses and their testimony.'
  • On January 29, 2025, after Trump's return to office, Defense Secretary Pete Hegseth revoked Milley's security detail, suspended his security clearance and ordered an inspector-general review of whether he should be reduced in rank. NPR reported that the detail had been provided because of Iranian threats (NPR).

What happened

On August 3, 2023, Trump was arraigned in Washington on the federal indictment charging him with conspiring to overturn the 2020 election. The magistrate judge reminded him "that it is a crime to try to influence a juror, or to threaten or attempt to bribe a witness or any other person who may have information about your case, or to retaliate against anyone for providing information about your case to the prosecution" (CNN).

The next day Trump posted on Truth Social: "IF YOU GO AFTER ME, I'M COMING AFTER YOU!" The special counsel's office put a screenshot of the post, "posted just hours ago," into its filing seeking a protective order over discovery. Prosecutors argued that publishing details from discovery "could have a harmful chilling effect on witnesses" (CNN). Within days, Judge Tanya Chutkan was seen accompanied by U.S. Marshals inside the courthouse. The Marshals Service declined to comment on specific measures (NBC News).

On September 22, 2023, shortly before Gen. Mark Milley was due to step down as Chairman of the Joint Chiefs at the end of the month (CBS News), Trump wrote about Milley's reported calls to Chinese counterparts after the 2020 election: "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" (CNBC; CBS News). Rep. Paul Gosar wrote separately that "in a better society" Milley "would be hung" (CNBC). Milley said he would "take appropriate measures to ensure my safety and the safety of my family" (CBS News).

On September 29, the special counsel's office cited the Milley post, among others, in asking Judge Chutkan for a narrow gag order. It argued that Trump was waging "a sustained campaign of prejudicial public statements regarding witnesses, the Court, the District, and prosecutors" (NBC News). Chutkan imposed a gag order. On December 8, 2023, a D.C. Circuit panel (Judges Millett, Pillard and Garcia) largely upheld it, while exempting comments about Jack Smith and narrowing the restriction on witnesses. The court held: "Mr. Trump's documented pattern of speech and its demonstrated real-time, real-world consequences pose a significant and imminent threat to the functioning of the criminal trial process in this case." According to CNN, it noted the "If you go after me" post as a broadly threatening message, and wrote that Trump's "messaging [was] daggered at likely witnesses and their testimony" and that some witnesses had "had their lives turned upside down after coming within Mr. Trump's verbal sights" (CNN).

After Trump returned to office, Defense Secretary Pete Hegseth revoked Milley's security detail, which had been provided because of Iranian threats, suspended his security clearance and ordered an inspector-general review of whether he should be reduced in rank (NPR, January 29, 2025).

Rome Statute. No international crime is in play. The crime type is none.

Domestic law (adjudicated in part). Trump was not charged over these posts. The D.C. Circuit did find, as a matter of fact, that his pattern of public statements had real-world consequences and posed a significant and imminent threat to the fair conduct of the trial. That finding justified restricting the speech of a presidential candidate, a step courts take rarely. Witness intimidation and retaliation are federal crimes (18 U.S.C. §§ 1512–1513), as the magistrate judge warned at the arraignment, but no court applied those statutes to these posts.

The Milley post. Suggesting that the country's senior serving officer deserved execution for conduct carried out in his official role is not a crime in itself. Coming from the leading candidate for president, it signalled what an officer could face for acting against the President's wishes. Milley treated it as a threat to his safety. After Trump took office, the protection Milley had because of foreign threats was withdrawn.

Strongest defence argument. Trump argued that the posts were political speech by a candidate attacking a prosecution he called politically motivated. On this view the Milley post was a historical observation about treason, not a call to violence. The D.C. Circuit accepted part of this: Trump stayed free to attack Jack Smith, the Justice Department and President Biden, and to call the case politically motivated. It rejected the rest, finding that his statements about witnesses and court personnel created a real and imminent risk to the trial.

Why this grade

Significant. Rhetoric is not an act, and this entry records statements, not uses of state power: Trump held no office in 2023. A federal appeals court nonetheless found that his pattern of speech had demonstrated real-world consequences, which is more than the archive's other rhetoric entries show. The grade stays at significant because the specific harm from these posts, as distinct from the broader pattern, is not quantified in the sources fetched. The second-term retaliation against Milley and the prosecutions of other critics are recorded as conduct in office in the related entries. No international crime is in play, so the entry carries no warCrimeClassification.

International law engaged

InstrumentProvisionWhat it protects or prohibits
International Covenant on Civil and Political RightsArticle 14(1)Right to a fair and public hearing by a competent, independent and impartial tribunal; this depends on witnesses and court officers being free from intimidation

Sequence of events

  1. Arraignment

    Trump is arraigned on the federal election-interference indictment. The magistrate judge reminds him that threatening or retaliating against witnesses is a crime (CNN).

  2. 'IF YOU GO AFTER ME, I'M COMING AFTER YOU!'

    Trump posts the message on Truth Social. Within hours, the special counsel's office cites it to the court in support of a protective order governing discovery (CNN).

  3. Milley post

    Trump writes that Gen. Milley's conduct was 'so egregious that, in times gone by, the punishment would have been DEATH!' Rep. Paul Gosar separately writes that Milley 'would be hung' 'in a better society' (CNBC).

  4. Prosecutors cite the Milley post

    In a filing supporting a narrow gag order, the special counsel's office cites the Milley post among Trump's 'prejudicial public statements' (NBC News).

  5. D.C. Circuit upholds most of the gag order

    The appeals court rules that Trump can be barred from speaking about prosecutors, court staff and their families, and about witnesses' participation in the case. It finds his pattern of speech poses 'a significant and imminent threat' to the trial process (CNN).

  6. Milley's security detail revoked

    Defense Secretary Pete Hegseth withdraws Milley's security detail, suspends his clearance and orders an inspector-general review of his conduct (NPR).

Sources

  1. Judge denies Trump legal team's motion to extend deadline over protective order dispute in election case — CNN
  2. Trump and GOP Rep. Gosar suggest Joint Chiefs boss Mark Milley deserves death — CNBC
  3. Gen. Milley says he has 'appropriate' safety measures after Trump social media threat — CBS News
  4. Prosecutors cite Trump's recent remarks about government officials in push for narrow gag order — NBC News
  5. Appeals court maintains most of Trump gag order in federal election subversion case — CNN
  6. Hegseth strips Milley of his security detail, orders investigation into his conduct — NPR
  7. Security bolstered for judge overseeing Trump election case — NBC News

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