Free Speech Under Attack: Staten Island DA Issues Arrest Warrant Over Substack Email

In a startling escalation of prosecutorial overreach, Staten Island District Attorney Michael McMahon has reportedly issued a warrant for the arrest of Richard Luthmann — a disbarred attorney, political satirist, and self-styled muckraker — over an opinionated email published through Substack.

The alleged “threat”? A sharply worded piece of commentary sent via email and posted online — something that, in most free societies, is considered core protected speech under the First Amendment. But not, it seems, in Staten Island.

According to reporting by Frank Report and journalist Michael Volpe, McMahon claims to “fear for his safety and life” after receiving the Luthmann-penned post — a reaction that critics say is not just excessive, but unconstitutional.

“Since when is a Substack post grounds for arrest in the United States?” asked one civil liberties attorney following the case. “If McMahon feels insulted, he can sue for defamation. But an arrest warrant? That’s a grotesque abuse of state power.”

The Email Heard Round Staten Island

The disputed content, originally published on Substack by Luthmann or forwarded through the platform, reportedly criticized McMahon’s ties to the Staten Island political machine, and may have included fiery language. But nowhere does the content suggest an explicit threat or call to violence.

Instead, this appears to be a public figure using his legal authority to silence a private citizen’s political speech — something the U.S. Supreme Court has repeatedly ruled violates the First Amendment.

The legal precedent is crystal clear: political speech, especially critical or satirical speech directed at public officials, is among the most heavily protected forms of expression in American constitutional law.

So how does McMahon justify a warrant?

Simple: he says he feels threatened.

Critics aren’t buying it.

Retaliation or Legitimate Concern?

Luthmann, who served time in federal prison on fraud charges, is no stranger to controversy. He’s made enemies in New York legal circles for years — not only because of his eccentric persona, but because he names names, connects dots, and publishes uncomfortable truths.

Recently, Luthmann has been vocal about alleged corruption in Staten Island’s courts, police department, and DA’s office. His recent investigative posts have included leaked emails, courtroom analysis, and commentary that links DA McMahon to questionable political alliances.

That’s what makes the warrant so suspect, according to observers: Is McMahon using the specter of a “threat” to silence a whistleblower?

Echoes of the John O’Hara Case

Legal historians are drawing comparisons to another infamous New York political prosecution: the case of John O’Hara, a Brooklyn politician who became the first New Yorker since Susan B. Anthony to be criminally convicted of voting — all because he dared to challenge the machine-backed candidate in a judicial race.

O’Hara’s “crime” was voting from his girlfriend’s address, which prosecutors claimed was an act of fraud. Despite decades of spotless conduct and widespread outrage over the prosecution, O’Hara was dragged through the mud and disbarred, only to be vindicated years later when the case was exposed as a blatant political hit job orchestrated by Brooklyn DA Joe Hynes.

Fast forward to 2025, and many are seeing history repeat itself — this time on Staten Island.

“If you dare to criticize the machine, they come for your bar license, your freedom, or your reputation,” one NY political operative told The Republic Ledger. “This is how New York politics works when the gloves come off.”

A Chilling Message to Journalists and Dissenters

This case raises alarming questions about the future of free expression in an age where prosecutors appear increasingly emboldened to target critics — especially when those critics speak through independent platforms like Substack rather than legacy media.

It also sets a dangerous precedent: If a DA can get a judge to sign off on a warrant over a published opinion, what stops other public officials from doing the same to silence journalists, bloggers, or activists?

In the meantime, Luthmann’s legal status is in limbo, with indications that NYPD officers may attempt to arrest him on sight. Substack has not yet commented on the matter.

Final Thoughts

The United States is not supposed to be a place where an email lands you in jail. But if DA McMahon gets his way, it just might be — at least on Staten Island.

“The First Amendment is not a suggestion,” said one constitutional law expert. “It’s the bedrock of American democracy. And it doesn’t disappear just because a politician’s feelings got hurt.”

If you value freedom of speech, you should be paying attention. Because today it’s Luthmann. Tomorrow, it could be you.