Free Press Under Attack: NYC DA McMahon Uses Own Newsletter Subscription to Charge Journalist in Felony Contempt Case
Staten Island District Attorney Michael McMahon subscribed to journalist Richard Luthmann’s Substack newsletter — McMahon now cites this newsletter in a felony case against the journalist.
STATEN ISLAND, N.Y. — A Staten Island prosecutor’s decision to pursue a felony criminal contempt case over automated Substack emails he subscribed to himself has escalated into a constitutional fight over the limits of free speech.
Florida-based journalist and former Staten Island attorney Richard Luthmann now faces a felony warrant sought by District Attorney Michael McMahon. At issue is a July 13, 2025 newsletter sent to McMahon’s official government email through a subscription McMahon voluntarily created. McMahon claims the email violated a protective order that Luthmann says he was never served with.
Press freedom advocates warn the case could set a dangerous precedent, chilling speech and allowing elected prosecutors to weaponize their own inboxes.
“This is felony free speech,” Luthmann said, calling the prosecution a “Stalinist lawfare campaign” meant to silence his reporting.
Protective order never served
According to Luthmann, he has never appeared before Judge Marina Cora Mundy and was never served with the 2018 order of protection that McMahon now invokes. Court records show he was not present in the case, and he says he never received explicit instructions from Judge Mundy. Luthmann maintains that under New York law, a person cannot be found in violation of a protective order that was never served or properly noticed.
Nevertheless, a police narrative filed with the NYPD alleges:
“On July 13, 2025 at 10:51 hours Richard Luthmann knowingly disobeyed a valid order of protection by electronic means via email to the Honorable Michael McMahon (michael.mcmahon@rcda.nyc.gov) from (luthmann@substack.com). Order is in effect until 10/26/2028 signed by Judge Marina Cora Mundy …”
Luthmann says he had no knowledge of the order and could not have knowingly violated it.
New York DA’s voluntary subscription
On June 20, 2025, at 7:13 a.m., independent journalist Rick LaRivière sent a media request for comment to several New York politicians and agencies. McMahon was among the recipients. The email listed the publications of each journalist copied, including a hyperlink to Luthmann’s Substack site, This Is For Real.
Substack records reviewed by this reporter and described by Luthmann show that McMahon voluntarily subscribed to This Is For Real later that same day using his official government email address (mcmahonm@dany.nyc.gov).
For weeks afterward, the district attorney opened dozens of newsletters, clicked links, and interacted with the publication. Every email contained a prominent unsubscribe option, but McMahon never unsubscribed or requested removal.
On July 21, LaRivière emailed McMahon directly to confirm whether he was receiving the newsletters by mistake and whether he wanted to continue receiving them. McMahon never replied.
Who sent the emails?
The email at the center of the case delivered a piece written by another journalist, Dr. Bandy X. Lee, M.D., P.Div., a nationally recognized expert on domestic violence and forensic psychiatry. Luthmann cross-posted Dr. Lee’s article on his Substack publication, This Is For Real.
The email was distributed automatically from luthmann@substack.com, an address controlled by Substack, the newsletter platform—not by Luthmann personally. The platform sends newsletters to subscribers who sign up, and in this case, McMahon was one of those subscribers.
July 13, 2025 newsletters
On July 13, Substack automatically distributed four newsletters to alll subscribers’ inboxs including McMahon’s:
Trump – Epstein (KW Norton) “The Big Enchilada- Seeds Of Doubt Successfully Planted - Epstein PsyOp”
Trump – Jerome Powell (Roger Stone) “Fed Chair Jerome Powell Must Resign for Playing Partisan Games with Interest Rates”
Trump – Butler Assassination Attempt Anniversary “How To Witness a Miracle”
Bandy Lee – Family Court “Why Judge Jane Gallina-Mecca Needs to be Impeached”
Luthmann says his involvement was limited to short editorial introductions to cross-posted articles.
“There were no threats, no references to McMahon, and no personal emails,” Luthmann said. “Substack sent automated newsletters to an address he subscribed with.”
The Trigger Email
The felony complaint came weeks after McMahon subscribed to Luthmann’s Substack and focuses on a single article and the last article published for the day on July 13. That particular article —was a cross-published piece authored by Dr. Bandy X. Lee, M.D., P.Div., a nationally known expert on violence and family courts. Her article criticized New Jersey Superior Court Judge Jane Gallina-Mecca and called for the judge’s impeachment.
“He has been receiving these emails for nearly a month without issue,” Luthmann said. “Why now? Why not unsubscribe? It looks like he enjoys the publication — until an article triggered his Trump Derangement Syndrome.”
Political vendetta and a long-simmering feud
The clash between McMahon and Luthmann stretches back nearly a decade to a courthouse scandal.
Two years after a 2015 parody Facebook incident that embarrassed McMahon during his first run for district attorney, Luthmann represented a whistleblower who alleged serious misconduct by McMahon’s wife, Judge Judith McMahon, then Staten Island’s top administrative judge.
Acting on that tip, Luthmann publicly revealed that Judge McMahon and DA Michael McMahon “conspired to develop and use Part N — the special narcotics part — as a way to steer grand jury applications away from independent judges and into the hands of a prosecution-friendly judge.”
The revelations, which called into question the integrity of Staten Island’s judicial process, deeply strained relations between Luthmann and the McMahons. Critics say the current contempt case bears the hallmarks of retaliation for that exposure.
The clash between McMahon and Luthmann traces back nearly a decade to a whistleblower case that rocked the Staten Island courts.
Judge, DA husband accused in plot to get cases before friendly jurists
Perjury allegations and weaponized justice
Luthmann accuses McMahon of making false statements to law enforcement, calling the current charge a “political vendetta masquerading as lawfare.”
Critics argue that McMahon’s sworn claim of fear may amount to perjury or obstruction.
Sources allege there is audio of an NYPD detective boasting that “the Warrant Squad will get whatever they want because of who the victim is,” raising further questions about preferential treatment.
Luthmann’s core argument
No service of protective order: No legal notice.
Automated emails from Substack: Not personally sent.
Voluntary subscription: McMahon signed up and engaged with content.
No threats, no mentions: Content was unrelated to McMahon.
One month of interaction: Undercuts any claim of fear.
Free press implications
Constitutional experts warn that prosecuting a journalist over a self-subscribed newsletter could chill free speech and press freedoms regardless of political viewpoint.
“Free speech does not depend on political alignment,” Luthmann said. “Imagine if this tactic succeeds. Any citizen could be jailed for receiving an automated newsletter they never personally sent.”
A free press is not a partisan cause but a core foundation of American democracy — a safeguard that protects citizens of every political stripe.
Potential fallout
If a warrant is issued, Luthmann could face extradition from Florida and months in custody under harsh transport conditions known as “diesel therapy.” He has vowed to seek emergency federal relief if the district attorney proceeds.
“This isn’t just about me,” he said. “This is about whether press freedom survives in America.”
The case remains under investigation by the NYPD.
This story will be updated as court filings and evidence become available.
More coverage on the case:
Staten Island DA Says He Fears for His Safety/Life—Because of Email Sent on Substack