‘Totally illegal’: Trump escalates rhetoric on outlawing political dissent and criticism

Donald Trump is ramping up his rhetoric depicting his political rivals and critics as criminals, while dropping a long trail of suggestions that he favors outlawing political speech that he deems misleading or challenges his claims to power.

In a speech Friday in Aurora, Colorado, the Republican presidential nominee blasted the immigration system and lobbed a rhetorical grenade at his Democratic rival, Vice President Kamala Harris.

“She’s a criminal. She’s a criminal,” said Trump, who was found guilty of 34 felony counts of falsifying business records in his New York hush money trial. “She really is, if you think about it.”

It’s a pattern of messaging that has long been part of Trump’s stump speeches but has escalated significantly in his 2024 candidacy. In the final stretch to the Nov. 5 election, the former president has developed a tendency to claim that speech he disapproves of is illegal, even if it is protected by the First Amendment.

A questionable cut of a “60 Minutes” Harris interview? “Totally illegal,” Trump wrote on X, saying it makes Harris look better and that CBS should have its broadcast license revoked.

The Harris campaign editing headlines in paid Google ads? “Totally Illegal,” he wrote, vowing that Google “will pay a big price” for it.

Democrats are trying to “illegally hide” part of his statement calling on rioters to be peaceful on Jan. 6, he claimed this month.

In August, Trump told a crowd in Wilkes-Barre, Pennsylvania, that criticisms of judges who have ruled in alignment with him should be banned. “I believe it’s illegal what they do,” Trump said. “I believe they are playing the ref. They’re constantly criticizing our great — some of our greatest justices and a lot of great judges. … Playing the ref with our judges and our justices should be punishable by very serious fines and beyond that.”

‘This is out of the autocratic playbook’

An expert who studies authoritarianism and fascism said Trump’s rhetoric about criminalizing dissent is familiar, and could carry serious implications for the country if he’s elected president.

“This is out of the autocratic playbook. As autocrats consolidate their power once they’re in office, anything that threatens their power, or exposes their corruption, or releases information that’s harmful to them in any way becomes illegal,” said Ruth Ben-Ghiat, a historian and professor at New York University who wrote the 2020 book “Strongmen: From Mussolini to the Present.”

“He’s actually rehearsing, in a sense, what he would be doing as head of state, which is what Orban does, Modi is doing, Putin has long done,” she said, referring to the leaders of Hungary, India and Russia, respectively. “Just as there’s a divide now because of this brainwashing about who is a patriot and who is a criminal about Jan. 6, right? In the same way, telling the truth in any area — journalists, scientists, even people like me, anybody who is engaged in objective inquiry, prosecutors, of course — they become criminal elements and they need to be shut down.”

Some Harris voters say Trump is channeling dictators.

“He reminds me of Hitler and the rise to power,” said Dan Geiger, a retired Pittsburgh resident. “The more he lies the more it’s accepted by his faithful followers.”

Trump has suggested investigations involving his conduct are illegitimate under the law and vowed revenge against the prosecutors who oversee them. He has also claimed, with no evidence, that President Joe Biden directed those prosecutions, even the state indictments he has no authority over.

Upon early revelations of his New York indictment, Trump said the prosecutor “ILLEGALLY LEAKED” it. And the probe into his 2016 campaign’s ties to Russia? “They illegally spied on my campaign.”

Trump voters have mixed views on revenge

Trump rallied a raucous crowd Wednesday in Scranton, Pennsylvania, launching personal attacks on Harris and drawing jeers and boos from a sea of red MAGA-hatted supporters as he spoke of the “enemy from within” — government officials with whom he’s clashed. He mentioned as one example Rep. Adam Schiff, D-Calif., which sparked a “lock him up!” shout from one supporter.

But some of Trump’s own voters told NBC News they disapprove of the revenge-based themes in his campaign while still planning to support him because of their concerns about the economy and immigration.

Walter Buckman, a Scranton native, said he’s supporting Trump because of his views on immigration and the economy. But the self-described Catholic is “absolutely not” on board with his rhetoric about exacting revenge and getting even.

“The way to get even with anybody is to change the economy. Getting even should not be in the playbook,” he said. “Is revenge a good thing? It’s not a good thing.”

Debbie Hendrix, a Pennsylvanian who attended the Trump rally donning a “MAGA” hat, said she’s excited to vote for Trump a third time. But even she is put off by his talk of retribution.

“I don’t agree with that. I think people like ‘Drain the swamp,’” she said, but in her view that doesn’t mean personally going after his critics. “I don’t think he should sink to their level.”

Sometimes, Trump launches the claim of illegality plausibly. In October 2023, he said advocates in Colorado are trying to “illegally remove my name from the ballot” over his role in Jan. 6, a case he fought and won at the U.S. Supreme Court. More recently, he has said people who get caught cheating in the election will be prosecuted, essentially restating existing law.

Fetterman: ‘A menu of dumb s—’

Sen. John Fetterman, D-Pa., who is campaigning in conservative rural areas for Harris, said Trump is no stranger to “bizarre ramblings,” but warned that it doesn’t demotivate his voters.

“That’s just a menu of dumb shit that he always says,” Fetterman said. “I don’t even pay attention to those kinds of things. Most people don’t really take it at face value or whatever.”

It’s important for everyone who’s troubled by it to turn out and vote for Harris, he said, criticizing the “uncommitted” movement, supporters of perennial Green Party nominee Jill Stein, and others who abhor Trump but could waste their vote.

“If you are not 100% voting for Harris, then you are either directly or indirectly helping Trump,” Fetterman said. “Go ahead and try that again. That’s what happened in 2016 when people threw their votes away on that dope Jill Stein.”

Trump has responded to criticisms of his authoritarian rhetoric by repeatedly claiming Democrats are the real fascists and accusing them of “weaponizing” the government against him. His campaign didn’t return messages seeking comment for this article.

If he’s elected, could Trump actually succeed at centralizing power for himself, in a system built on checks and balances that was often successful at restraining him during his first term.

“That’s the big question,” Ben-Ghiat said, adding that it depends partly on his ability to impose party fealty, intimidate critics and install competent bureaucrats who are effective at using levers of power to advance his personal aims.

“It is about criminalizing dissent,” she said. “There is a method to his madness in that he has taken people on a journey of indoctrination.”

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This article was originally published on NBCNews.com