House Democrat Says Dc’s Top Federal Prosecutor Is Trying To Silence Critics Of Elon Musk

Democratic Rep. Robert Garcia vowed Thursday that he would not be “silenced” after receiving a letter from the Department of Justice demanding he explain remarks critical of Elon Musk.

In a post on X, Garcia shared the letter he received from Ed Martin, the top federal prosecutor in Washington, who has repeatedly threatened to investigate President Donald Trump’s opponents and critics.

The correspondence on DOJ letterhead, dated Feb. 17, points to comments Garcia made in a fiery interview with CNN earlier this month in which he called Musk — a close ally of President Donald Trump — a “dick” and urged Democrats “to bring actual weapons to this bar fight.”

Garcia, who represents a blue California congressional district, was speaking about how Democrats should approach a contentious subcommittee hearing on Musk’s Department of Government Efficiency initiative.

He told CNN that Musk is “harming the American public in an enormous way” and said it was “important to get the attention of the American public, and call Elon Musk out for what he is.”

Martin wrote in the letter that the “bar fight” remarks could be interpreted as “a threat to Mr. Musk” and asked for Garcia to clarify them.

“We take threats against public officials very seriously,” Martin said, adding Garcia had until Feb. 24 to respond.

The Supreme Court has repeatedly ruled that prosecuting people for “threatening” speech is barred by the First Amendment unless the speaker clearly conveys an intent to commit violence. It is highly unusual for a prosecutor to probe a member of Congress for political commentary, even commentary that uses a violent metaphor.

Trump initially tapped Martin, a fire-breathing conservative activist, to serve as the interim U.S. attorney for the District of Columbia. This week the president nominated him to fill the role full time. Martin has championed the cause of Jan. 6 rioters and spread conspiracy theories that the far left was responsible for the attack on the Capitol.

Garcia was defiant Thursday, suggesting the letter from Martin was an intimidation tactic. “So if you criticize Elon Musk, Trump’s DOJ will send you this letter,” he wrote on X. “Members of Congress must have the right to forcefully oppose the Trump Administration. I will not be silenced.”

In another post, he added, “No reasonable person would view my comments as a threat.”

Martin’s letter to Garcia was not the first time he has gone after a prominent Democrat. He has also written in recent weeks to Senate Minority Leader Chuck Schumer over comments Schumer made in 2020 criticizing the Supreme Court.

In an internal email to staff at the U.S. attorney’s office on Wednesday reviewed by POLITICO, Martin announced the launch of “Operation Whirlwind,” which he described as an effort to “stop the storm of threats against officials at all levels” and prosecute those responsible.

Martin cited Schumer’s 2020 comment that conservative Supreme Court justices who opposed abortion rights had “released the whirlwind” and “will pay the price.” The prosecutor said Schumer’s comment was an example of “abhorrent” politically violent rhetoric.

“Let me be clear: we will protect each other. We will protect DOGE,” Martin wrote.

The Washington Post first reported the letter to Garcia and Martin’s email to staff.

Garcia and the U.S. attorney’s office did not immediately respond to POLITICO’s request for comment.

Kyle Cheney contributed to this report.