House Democrat Claims DC’s Leading Federal Prosecutor Aims to Muzzle Critics of Elon Musk
Rep. Robert Garcia stated, “No reasonable person would view my comments as a threat."
TroibNews 
Democratic Rep. Robert Garcia asserted on Thursday that he would not be “silenced” following a letter from the Department of Justice requesting clarification on his remarks critical of Elon Musk.
Garcia posted the letter, sent by Ed Martin, the top federal prosecutor in Washington, on X. Martin has previously signaled intentions to investigate critics of President Donald Trump. The letter, dated February 17 and printed on DOJ letterhead, references comments made by Garcia during a passionate CNN interview earlier in the month, where he labeled Musk—a close associate of Trump—a “dick” and urged Democrats “to bring actual weapons to this bar fight.”
During the segment, Garcia, who represents a predominantly Democratic district in California, discussed the approach Democrats should take regarding a contentious subcommittee hearing on Musk’s Department of Government Efficiency initiative. He claimed Musk is “harming the American public in an enormous way” and emphasized the need to “get the attention of the American public, and call Elon Musk out for what he is.”
In his letter, Martin stated that the “bar fight” remarks could be perceived as “a threat to Mr. Musk” and asked Garcia to clarify his statements. “We take threats against public officials very seriously,” Martin noted, giving Garcia a deadline of February 24 to respond.
Legal precedents set by the Supreme Court indicate that prosecuting individuals for “threatening” speech is prohibited by the First Amendment unless there is a clear intent to commit violence. It is also rare for a prosecutor to investigate a member of Congress for political speech, even when violent metaphors are used.
Martin was initially appointed by Trump as the interim U.S. attorney for the District of Columbia, and this week he was nominated to the position permanently. He has been an outspoken supporter of the January 6 rioters and has propagated conspiracy theories about the far left's involvement in the Capitol attack.
Garcia responded defiantly on Thursday, suggesting Martin's letter was an attempt to intimidate him. “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.” He further asserted in another post, “No reasonable person would view my comments as a threat.”
This is not the first time Martin has targeted prominent Democrats. He has previously corresponded with Senate Minority Leader Chuck Schumer regarding comments the senator made in 2020 that criticized the Supreme Court.
In an internal email to staff at the U.S. attorney’s office, which was reviewed by PMG, Martin announced the commencement of “Operation Whirlwind,” aimed at “stopping the storm of threats against officials at all levels” and prosecuting those responsible. He pointed to Schumer’s 2020 remark that conservative justices who opposed abortion rights had “released the whirlwind” and “will pay the price,” deeming it an example of “abhorrent” politically violent rhetoric. “Let me be clear: we will protect each other. We will protect DOGE,” Martin stated.
The Washington Post was the first to report on the letter to Garcia and Martin’s email to staff. Neither Garcia nor the U.S. attorney’s office immediately responded to PMG’s request for comment.
Kyle Cheney contributed to this report.
Navid Kalantari for TROIB News
Garcia posted the letter, sent by Ed Martin, the top federal prosecutor in Washington, on X. Martin has previously signaled intentions to investigate critics of President Donald Trump. The letter, dated February 17 and printed on DOJ letterhead, references comments made by Garcia during a passionate CNN interview earlier in the month, where he labeled Musk—a close associate of Trump—a “dick” and urged Democrats “to bring actual weapons to this bar fight.”
During the segment, Garcia, who represents a predominantly Democratic district in California, discussed the approach Democrats should take regarding a contentious subcommittee hearing on Musk’s Department of Government Efficiency initiative. He claimed Musk is “harming the American public in an enormous way” and emphasized the need to “get the attention of the American public, and call Elon Musk out for what he is.”
In his letter, Martin stated that the “bar fight” remarks could be perceived as “a threat to Mr. Musk” and asked Garcia to clarify his statements. “We take threats against public officials very seriously,” Martin noted, giving Garcia a deadline of February 24 to respond.
Legal precedents set by the Supreme Court indicate that prosecuting individuals for “threatening” speech is prohibited by the First Amendment unless there is a clear intent to commit violence. It is also rare for a prosecutor to investigate a member of Congress for political speech, even when violent metaphors are used.
Martin was initially appointed by Trump as the interim U.S. attorney for the District of Columbia, and this week he was nominated to the position permanently. He has been an outspoken supporter of the January 6 rioters and has propagated conspiracy theories about the far left's involvement in the Capitol attack.
Garcia responded defiantly on Thursday, suggesting Martin's letter was an attempt to intimidate him. “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.” He further asserted in another post, “No reasonable person would view my comments as a threat.”
This is not the first time Martin has targeted prominent Democrats. He has previously corresponded with Senate Minority Leader Chuck Schumer regarding comments the senator made in 2020 that criticized the Supreme Court.
In an internal email to staff at the U.S. attorney’s office, which was reviewed by PMG, Martin announced the commencement of “Operation Whirlwind,” aimed at “stopping the storm of threats against officials at all levels” and prosecuting those responsible. He pointed to Schumer’s 2020 remark that conservative justices who opposed abortion rights had “released the whirlwind” and “will pay the price,” deeming it an example of “abhorrent” politically violent rhetoric. “Let me be clear: we will protect each other. We will protect DOGE,” Martin stated.
The Washington Post was the first to report on the letter to Garcia and Martin’s email to staff. Neither Garcia nor the U.S. attorney’s office immediately responded to PMG’s request for comment.
Kyle Cheney contributed to this report.
Navid Kalantari for TROIB News
