Photo of Minister Alexandre de Moraes participating in a Supreme Court plenary session after the blocking of X in Brazil, in September 2024
Judge Alexandre de Moraes participating in a Supreme Court plenary session after the blocking of X in Brazil, in September 2024 Ton Molina/Fotoarena via ZUMA Press

Analysis

SÃO PAULO — Late last month, as many in Brazil spent the weekend dancing at pre-Carnival street parties, the far-right video platform Rumble was shut down. This came after Supreme Court Justice Alexandre de Moraes ordered the suspension of the platform, and the national telecom regulator Anatel notified more than 20,000 internet providers and operators to pull the plug.

Moraes had demanded that Rumble suspend the accounts of Allan dos Santos, a fugitive currently in the U.S., and appoint a representative in Brazil — just as Twitter was forced to do last year. Rumble refused.

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But Moraes was also responding to a provocation from Rumble itself — and from U.S. President Donald Trump.

Just hours after Brazil’s Prosecutor General’s Office filed charges against Jair Bolsonaro on Feb. 19 over an alleged 2022 coup attempt, Trump expressed his displeasure: his company, Trump Media & Technology Group (TMTG), which owns the social network Truth Social, joined Rumble in filing suit against Moraes in a Florida court, arguing that the Brazilian Supreme Court’s rulings violate the U.S. First Amendment’s guarantee of free speech.

The companies are asking the American court to rule that Moraes has no authority over them since they are based in the U.S., even though they provide services in Brazil. The timing says it all.

Now, following Rumble’s suspension, which was upheld by the Brazilian Supreme Court on March 7, the companies have requested an emergency ruling to sanction Moraes immediately.

Now, let’s dig deeper into the real stakes behind this battle.

Hoping for more support for Bolsonaro

First observation: Trump’s lawsuit falls far short of what Bolsonaro supporters were hoping for. The former Brazilian president’s son Eduardo Bolsonaro had made repeated trips to the U.S. lobbying for economic sanctions against the current leadership in Brazil in a desperate bid to prevent his father’s arrest.

Yes, Trump gave a recent shout-out to the Bolsonaro family, calling them “very good people” and referring to Eduardo as “my friend,” adding, “Say hi to your dad.” But there were no massive tariffs or threats of sanctions from the U.S. government against the current Brazilian administration.

Second point: what we got instead was a hollow lawsuit with no legal standing, designed primarily to serve as a political stunt, generate content for extremist networks, and send a clear message from Trump. Framed in Trumpian MAGA rhetoric, the lawsuit goes beyond mere attacks on Moraes — it veers into conspiracy theories, insinuating that Moraes had something to do with a plane crash that had killed another Supreme Court magistrate.

If Truth Social wants to operate in Brazil, it should use a legally compliant video platform.

Further down, Trump’s company accuses Moraes of bypassing international cooperation mechanisms to enforce his ban and instead “fabricating jurisdiction through coercion.” Their main argument? That Rumble owes no explanation to the Brazilian courts because it is headquartered in Florida and should not be required to have a legal representative in Brazil.

The same twisted logic is used to justify Trump’s company’s involvement in the lawsuit: the claim that Truth Social “relies on Rumble’s cloud-based hosting and video streaming infrastructure.” If Rumble were suspended, they argue, it would “necessarily interfere” with Truth Social’s operations. Again, nonsense. If Truth Social wants to operate in Brazil, it should use a legally compliant video platform.

Former President Jair Bolsonaro speaking to the press on Feb. 18, after being charged over a coup attempt – Ton Molina/Fotoarena/ZUMA

A parallel with Netanyahu

Now for the third point. The lawsuit’s most striking passage compares Moraes’ rulings to the International Criminal Court’s (ICC) decision to seek the arrest of Israeli Prime Minister Benjamin Netanyahu for crimes against humanity for his actions during the war in Gaza. Last month, Trump issued Executive Order 14203 froze the assets of ICC officials and imposed travel bans — even extending to their family members — in retaliation for that ruling.

Calling the Brazilian Supreme Court’s actions an “illegitimate extension of Brazilian judicial power into the United States” and a form of “extraterritorial censorship,” Trump’s lawyers outline a roadmap to personally sanction Moraes based on the ICC precedent.

“Justice Moraes’ extrajudicial tactics are also in direct conflict with U.S. public policy, as articulated in Executive Order (EO) 14203, issued by President Trump earlier this month. The EO opposes foreign judicial overreach that seeks to impose jurisdiction on U.S. entities without consent,” the petition states. “By coercing Rumble into appointing Brazilian attorneys and threatening punitive actions if it does not comply, Justice Moraes’ actions mirror the type of extraterritorial conduct condemned by the EO.”

According to Trump’s lawyers, “the parallels between the ICC’s actions, condemned in EO 14203, and the conduct of Justice Moraes are striking.”

“The EO emphasizes that foreign judicial overreach is not merely a procedural issue but a substantive threat to the United States,” they add. If left unchecked, they argue, Moraes’ actions would set a dangerous precedent where foreign courts routinely impose their laws on U.S. companies.

Truth Social appears to be little more than a shell operation designed to serve Trump’s political ambitions.

The lawsuit lists potential sanctions from the Executive Order, including economic penalties, asset freezes, and travel bans. The lawyers subtly hint that these measures should be considered, repeating multiple times that the court should impose remedies beyond mere financial compensation.

A social network without people

But there’s another angle to this battle that’s worth examining. Trump Media & Technology Group, whose primary business is Truth Social, appears to be little more than a shell operation designed to serve Trump’s political ambitions.

Consider this: launched in 2021, Truth Social has just over 6 million active users. That’s a drop in the ocean compared to Facebook (3 billion), YouTube (2.5 billion), WhatsApp and Instagram (2 billion each). Even Rumble has over 50 million.

Trump, by far the platform’s only relevant account, doesn’t even have 10 million followers. His frequent posts barely scrape together 2,000 to 4,000 likes. For perspective, he has over 100 million followers on Twitter, while Elon Musk boasts over 200 million — no wonder Trump is back on Twitter despite once vowing never to return.

In other words, Truth Social is a spectacular failure as a social network. A social network without people.

And yet, according to its strangely inflated annual report, the company’s cash reserves skyrocketed from .6 million in 2023 to 7 million in 2024 — without any significant progress in its core business. Its expansion plans include a video streaming service, a financial services fintech, and e-commerce on a ghost town of a platform. The reason for this “jump”? In 2023, TMTG went public, allowing anyone to buy shares and curry favor with a future U.S. president.

Rumble in Brazil – Aloisio Mauricio/Fotoarena/ZUMA

Manufacturing controversy

Trump’s lawsuit lists potential sanctions from the Executive Order, including economic penalties, asset freezes, and travel bans. The lawyers subtly hint that these measures should be considered, repeating multiple times that the court should impose remedies beyond mere financial compensation.

Truth Social is doubling down on its alliance with Rumble in the lawsuit against Moraes.

Truth Social is doubling down on its alliance with Rumble in the lawsuit against Moraes, as it allows them to attach the U.S. president’s stamp to a legal stunt in U.S. courts — serving as intimidation against the Brazilian judge.

It is possible that, under Trump’s promise to fight for “freedom of speech” (or rather, “freedom of oppression”), he could use Truth Social as a judicial arm or a trial balloon for legal battles that could later be adopted by his administration — such as the sanctions long dreamed of by Bolsonaro supporters.

Or, perhaps, this is just another manufactured controversy, this time using the U.S. justice system to create headlines that will soon vanish into thin air.